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Ohio Laws and Rules
(A) Purpose
The purpose of this rule is to establish minimum qualifications through registration and certification standards for staff working in adult services positions at county boards of mental retardation and developmental disabilities or their contract agencies.
(B) Application
These standards shall apply to persons, directly providing or supervising the provision of adult services, who are employed by county boards of mental retardation and developmental disabilities or agencies contracting with a county board to provide adult services. If an agency contracting with a county board to provide adult services is appropriately accredited, licensed, or certificated to perform those services or activities, the superintendent may recommend to the department, and the department may approve, that the staff of the contracting agency be exempted from the requirements of registration and certification. Staff employed in positions requiring licensure or certification issued by another board or agency are exempt from these standards.
(1) A registered service adult services worker shall hold a registered service level registration in accordance with this rule.
(2) An adult services manager 1 shall hold a management 1 level registration in accordance with this rule.
(3) A professional adult services worker shall hold a specialist level certification in accordance with this rule or a professional level certification in accordance with rule 5123:2-5-01 of the Administrative Code that was in effect immediately prior to the effective date of this rule.
(4) An adult services manager 2 shall hold a management 2 level certification in accordance with this rule.
(5) An adult services manager 3 shall hold a management 3 level certification in accordance with this rule.
(C) Definitions
(1) "Adult services" has the same meaning as in section 5126.01 of the Revised Code.
(2) "Applicant" means a person submitting a completed application to the department for adult services registration or certification.
(3) "College course" means department-approved instruction of a minimum of two semester hours or three quarter hours of credit offered by a college or university.
(4) "College or university" means a state university or college as defined in section 3345.32 of the Revised Code, a state university or college of another state, or an institution that has received a certificate of authorization to confer degrees from the board of regents pursuant to Chapter 1713. of the Revised Code or from a comparable agency of another state.
(5) "Continuing professional development" means department-approved training used by applicants to renew provisional grade and professional grade adult services registration and certification. A unit of continuing professional development is fifty minutes of instruction.
(6) "County board" means a county board of mental retardation and developmental disabilities as established under Chapter 5126. of the Revised Code.
(7) "Department" means the Ohio department of mental retardation and developmental disabilities as established by section 121.02 of the Revised Code.
(8) "Director" means the administrative head of the department as established by section 121.03 of the Revised Code.
(9) "GED" means a general equivalency diploma.
(10) "Grades" mean the designations within the levels of adult services registration and certification that differentiate the effective dates and minimum requirements (i.e., one-year substitute, one-year temporary, five-year provisional, and ten-year professional).
(11) "Levels" mean the categories used to differentiate employee positions within the validation of adult services (i.e., registered service registration, management 1 registration, specialist certification, management 2 certification, and management 3 certification).
(12) "Orientation program" means that within ninety days of initial employment by a county board or by an agency contracting with a county board to provide adult services, an applicant shall successfully complete thirty hours of training which shall include, but is not limited to, the following areas: overview of developmental disabilities; board operations and table of organization; county board rules; roles, functions, and responsibilities of adult services personnel; medicaid accountability; rights of individuals with mental retardation or other developmental disabilities; health, safety, and welfare of individuals with mental retardation or other developmental disabilities; confidentiality; techniques and philosophy of intervention and training; services and supports and service delivery settings; team processes; conflict management; communication; and adult services registration and certification standards.
(13) "Seminar" means department-approved instruction of thirty hours.
(14) "Superintendent" means a person certified by the department according to rule 5123:2-5-03 of the Administrative Code and employed in that capacity by a county board.
(D) Description
Registered service, management 1, specialist, management 2, and management 3 levels are designated within the adult services validation. Temporary, provisional, and professional grades are designated within each level. Substitute grade is designated within the registered service level.
(1) Registered service level registration
(a) Substitute grade
(i) The substitute grade registration shall be issued to an applicant hired to work, on an interim or intermittent basis for less than one-thousand-forty hours per calendar year (i.e., .5 full-time equivalent), in a position requiring registered service level registration, who meets the following requirements:
(a) The applicant shall be at least eighteen years of age.
(b) The applicant shall hold a high school diploma or GED.
(ii) The substitute grade registration may be renewed annually under the following conditions:
(a) The superintendent of the employing county board shall verify that the applicant is working less than one-thousand-forty hours per calendar year (i.e., .5 full-time equivalent).
(b) The superintendent of the employing county board shall verify that the applicant successfully completed appropriate training.
(b) Temporary grade
(i) The temporary grade registration shall be issued to an applicant hired into a position requiring registered service level registration who meets the following requirements:
(a) The applicant shall be at least eighteen years of age.
(b) The applicant shall hold a high school diploma or GED.
(ii) During the effective period of the initial temporary grade registration, the applicant shall successfully complete an orientation program (as verified by the superintendent of the employing county board) and a minimum of one seminar or college course required for provisional grade registration.
(iii) Provided the applicant completes the requirements as specified in paragraph
(D)(1)(b)(ii) of this rule, the temporary grade registration may be renewed one time.
(iv) During the effective period of the second temporary grade registration, the applicant shall successfully complete the remaining seminars or college courses required for provisional grade registration.
(v) If the applicant fails to complete the requirements as specified in paragraph
(D)(1)(b)(ii) or (D)(1)(b)(iv) of this rule, no additional temporary grade registered service level registration shall be issued to the applicant.
(c) Provisional grade
(i) The provisional grade registration shall be issued to an applicant who meets the following requirements:
(a) The applicant shall be at least eighteen years of age.
(b) The applicant shall hold a high school diploma or GED.
(c) The applicant shall have successfully completed one seminar or college course in each of the following areas:
(i) Introduction to developmental disabilities that includes behavior support and self-determination;
(ii) Principles of work or principles of habilitation programming; and
(iii) Principles of behavior support.
(ii) The superintendent may recommend and the department may approve the substitution of other seminars or college courses that are related to an applicant's position, in place of the seminars or college courses specified in paragraph (D)(1)(c)(i)(c) of this rule.
(iii) The provisional grade registration may be renewed on the expiration date with the completion of sixty units of continuing professional development.
(iv) An applicant requesting renewal of the first provisional grade registration, who, at the time of application, is employed by a county board or by an agency contracting with a county board to provide adult services, shall have successfully completed an orientation program (as verified by the superintendent of the employing county board). Provided the orientation program is completed subsequent to the effective date of the initial provisional grade registration, the applicant may use the orientation program as thirty units of continuing professional development toward renewal of the initial provisional grade registration.
(d) Professional grade
(i) The professional grade registration shall be issued to an applicant who elects to upgrade the provisional grade registration by meeting the following requirements:
(a) The applicant shall meet both the initial and renewal requirements for provisional grade registration.
(b) The applicant shall have successfully completed a minimum of ten semester hours (or fifteen quarter hours) from a college or university.
(c) The applicant shall have worked five years in a position requiring provisional grade registered service level adult services registration.
(ii) The professional grade registration may be renewed on the expiration date with the completion of one-hundred-twenty units of continuing professional development.
(2) Management 1 level registration
(a) Temporary grade
(i) The temporary grade registration shall be issued to an applicant hired into a position requiring management 1 level registration who meets the following requirements:
(a) The applicant shall be at least eighteen years of age.
(b) The applicant shall hold a high school diploma or GED.
(c) The applicant shall have completed two years full-time, supervised, paid work experience related to the position (as determined by the superintendent of the employing county board).
(ii) During the effective period of the initial temporary grade registration, the applicant shall successfully complete an orientation program (as verified by the superintendent of the employing county board) and a minimum of one seminar or college course required for provisional grade registration.
(iii) Provided the applicant completes the requirements as specified in paragraph
(D)(2)(a)(ii) of this rule, the temporary grade registration may be renewed.
(iv) During the effective period of the second temporary grade registration, the applicant shall successfully complete a minimum of two seminars or college courses required for provisional grade registration.
(v) Provided the applicant completes the requirements as specified in paragraph
(D)(2)(a)(iv) of this rule, the temporary grade registration may be renewed.
(vi) During the effective period of the third temporary grade registration, the applicant shall successfully complete the remaining seminars or college courses required for provisional grade registration.
(vii) If the applicant fails to complete the requirements as specified in paragraph
(D)(2)(a)(ii), (D)(2)(a)(iv), or (D)(2)(a)(vi) of this rule, no additional temporary grade management 1 level registration shall be issued to the applicant.
(b) Provisional grade
(i) The provisional grade registration shall be issued to an applicant who meets the following requirements:
(a) The applicant shall be at least eighteen years of age.
(b) The applicant shall hold a high school diploma or GED.
(c) The applicant shall have completed two years full-time, supervised, paid work experience related to the position (as determined by the county board or by the department, if the applicant is not employed by a county board).
(d) The applicant shall have successfully completed one seminar or college course in each of the following areas:
(i) Introduction to developmental disabilities that includes behavior support and self-determination;
(ii) Principles of work or principles of habilitation programming; and
(iii) Principles of behavior support.
(e) The applicant shall have successfully completed seminars or college courses in two of the following ten areas:
(i) Business, health care, public, or social agency administration;
(ii) Public or administrative law;
(iii) Budgeting/finance;
(iv) Principles of leadership/supervision;
(v) Information management or statistical analysis;
(vi) Human resources management;
(vii) Marketing/public relations;
(viii) Organizational theory and development;
(ix) Negotiation, conflict resolution, and mediation; or
(x) Strategic planning, management, and implementation.
(ii) The superintendent may recommend and the department may approve the substitution of other seminars or college courses that are related to an applicant's position, in place of the seminars or college courses specified in paragraph (D)(2)(b)(i)(d) or (D)(2)(b)(i)(e) of this rule.
(iii) The provisional grade registration may be renewed on the expiration date with the completion of sixty units of continuing professional development.
(iv) An applicant requesting renewal of the first provisional grade registration, who, at the time of application, is employed by a county board or by an agency contracting with a county board to provide adult services, shall have successfully completed an orientation program (as verified by the superintendent of the employing county board). Provided the orientation program is completed subsequent to the effective date of the initial provisional grade registration, the applicant may use the orientation program as thirty units of continuing professional development toward renewal of the initial provisional grade registration.
(c) Professional grade
(i) The professional grade registration shall be issued to an applicant who elects to upgrade the provisional grade registration by meeting the following requirements:
(a) The applicant shall meet both the initial and renewal requirements for the provisional grade registration.
(b) The applicant shall hold an associate's degree or have achieved at least junior year standing at a college or university.
(c) The applicant shall have worked five years in a position requiring provisional grade management 1 level adult services registration.
(ii) The professional grade registration may be renewed on the expiration date with the completion of one-hundred-twenty units of continuing professional development.
(3) Specialist level certification
(a) Temporary grade
(i) The temporary grade certification shall be issued to an applicant hired into a position requiring specialist level certification who holds a bachelor's degree from a college or university.
(ii) During the effective period of the initial temporary grade certification, the applicant shall successfully complete an orientation program (as verified by the superintendent of the employing county board) and a minimum of one seminar or college course required for provisional grade certification.
(iii) Provided the applicant completes the requirements as specified in paragraph
(D)(3)(a)(ii) of this rule, the temporary grade certification may be renewed.
(iv) During the effective period of the second temporary grade certification, the applicant shall successfully complete a minimum of two seminars or college courses required for provisional grade certification.
(v) Provided the applicant completes the requirements as specified in paragraph
(D)(3)(a)(iv) of this rule, the temporary grade certification may be renewed.
(vi) During the effective period of the third temporary grade certification, the applicant shall successfully complete the remaining seminars or college courses required for provisional grade certification.
(vii) If the applicant fails to complete the requirements as specified in paragraph
(D)(3)(a)(ii), (D)(3)(a)(iv), or (D)(3)(a)(vi) of this rule, no additional temporary grade specialist level certification shall be issued to the applicant.
(b) Provisional grade
(i) The provisional grade certification shall be issued to an applicant who meets the following requirements:
(a) The applicant shall hold a bachelor's degree from a college or university.
(b) The applicant shall have successfully completed one seminar or college course in each of the following areas:
(i) Introduction to developmental disabilities that includes behavior support and self-determination;
(ii) Individual program development or principles of group facilitation;
(iii) Principles of work;
(iv) Principles of behavior support; and
(v) Principles of habilitation programming.
(ii) The superintendent may recommend and the department may approve the substitution of other seminars or college courses that are related to an applicant's position, in place of the seminars or college courses specified in paragraph (D)(3)(b)(i)(b) of this rule.
(iii) The provisional grade certification may be renewed on the expiration date with the completion of sixty units of continuing professional development.
(iv) An applicant requesting renewal of the first provisional grade certification, who, at the time of application, is employed by a county board or by an agency contracting with a county board to provide adult services, shall have successfully completed an orientation program (as verified by the superintendent of the employing county board). Provided the orientation program is completed subsequent to the effective date of the initial provisional grade certification, the applicant may use the orientation program as thirty units of continuing professional development toward renewal of the initial provisional grade certification.
(c) Professional grade
(i) The professional grade certification shall be issued to an applicant who elects to upgrade the provisional grade certification by meeting the following requirements:
(a) The applicant shall meet both the initial and renewal requirements for the provisional grade certification.
(b) The applicant shall hold a bachelor's degree plus have successfully completed a minimum of ten post-baccalaureate semester hours (or fifteen post-baccalaureate quarter hours) from a college or university.
(c) The applicant shall have worked five years in a position requiring provisional grade specialist level adult services certification pursuant to this rule or provisional grade professional level adult services certification pursuant to rule 5123:2-5-01 of the Administrative Code that was in effect immediately prior to the effective date of this rule.
(ii) The professional grade certification may be renewed on the expiration date with the completion of one-hundred-twenty units of continuing professional development.
(4) Management 2 level certification
(a) Temporary grade
(i) The temporary grade certification shall be issued to an applicant hired into a position requiring management 2 level certification who meets the following requirements:
(a) The applicant shall hold a bachelor's degree from a college or university.
(b) The applicant shall have completed two years full-time, supervised, paid work experience related to the position (as determined by the superintendent of the employing county board).
(ii) During the effective period of the initial temporary grade certification, the applicant shall successfully complete an orientation program (as verified by the superintendent of the employing county board) and a minimum of one seminar or college course required for provisional grade certification.
(iii) Provided the applicant completes the requirements as specified in paragraph
(D)(4)(a)(ii) of this rule, the temporary grade certification may be renewed.
(iv) During the effective period of the second temporary grade certification, the applicant shall successfully complete a minimum of two seminars or college courses required for provisional grade certification.
(v) Provided the applicant completes the requirements as specified in paragraph
(D)(4)(a)(iv) of this rule, the temporary grade certification may be renewed.
(vi) During the effective period of the third temporary grade certification, the applicant shall successfully complete a minimum of two seminars or college courses required for provisional grade certification.
(vii) Provided the applicant completes the requirements as specified in paragraph
(D)(4)(a)(vi) of this rule, the temporary grade certification may be renewed.
(viii) During the effective period of the fourth temporary grade certification, the applicant shall successfully complete the remaining seminar or college course required for provisional grade certification.
(ix) If the applicant fails to complete the requirements as specified in paragraph
(D)(4)(a)(ii), (D)(4)(a)(iv), (D)(4)(a)(vi), or (D)(4)(a)(viii) of this rule, no additional temporary grade management 2 level certification shall be issued to the applicant.
(b) Provisional grade
(i) The provisional grade certification shall be issued to an applicant who meets the following requirements:
(a) The applicant shall hold a bachelor's degree from a college or university.
(b) The applicant shall have completed two years full-time, supervised, paid work experience related to the position (as determined by the superintendent of the employing county board or by the department, if the applicant is not employed by a county board).
(c) The applicant shall have successfully completed one seminar or college course in each of the following areas:
(i) Introduction to developmental disabilities that includes behavior support and self-determination;
(ii) Individual program development or principles of group facilitation;
(iii) Principles of behavior support; and
(iv) Principles of work or principles of habilitation programming.
(d) The applicant shall have successfully completed college courses in two of the following ten areas:
(i) Business, health care, public, or social agency administration;
(ii) Public or administrative law;
(iii) Budgeting/finance;
(iv) Principles of leadership/supervision;
(v) Information management or statistical analysis;
(vi) Human resources management;
(vii) Marketing/public relations;
(viii) Organizational theory and development;
(ix) Negotiation, conflict resolution, and mediation; or
(x) Strategic planning, management, and implementation.
(e) The superintendent may recommend and the department may approve the substitution of other seminars that are related to an applicant's position, in place of the seminars specified in paragraph (D)(4)(b)(i)(c) of this rule. The superintendent may recommend and the department may approve the substitution of other college courses that are related to an applicant's position, in place of the college courses specified in paragraph (D)(4)(b)(i)(d) of this rule.
(f) The provisional grade certification may be renewed on the expiration date with the completion of sixty units of continuing professional development.
(g) An applicant requesting renewal of the first provisional grade certification, who, at the time of application, is employed by a county board or by an agency contracting with a county board to provide adult services, shall have successfully completed an orientation program (as verified by the superintendent of the employing county board). Provided the orientation program is completed subsequent to the effective date of the initial provisional grade certification, the applicant may use the orientation program as thirty units of continuing professional development toward renewal of the initial provisional grade certification.
(c) Professional grade
(i) The professional grade certification shall be issued to an applicant who elects to upgrade the provisional grade certification by meeting the following requirements:
(a) The applicant shall meet both the initial and renewal requirements for the provisional grade certification.
(b) The applicant shall hold a bachelor's degree and have successfully completed ten graduate semester hours (or fifteen graduate quarter hours) from a college or university.
(c) The applicant shall have worked five years in a position requiring provisional grade management 2 level adult services certification.
(ii) The professional grade certification shall be renewed on the expiration date with the completion of one-hundred-twenty units of continuing professional development.
(5) Management 3 level certification
(a) Temporary grade
(i) The temporary grade certification shall be issued to an applicant hired into a position requiring management 3 level certification who meets the following requirements:
(a) The applicant shall hold a master's degree from a college or university.
(b) The applicant shall have completed three years full-time, supervised, paid work experience in administration, supervision, instruction, or habilitation of individuals with mental retardation or other developmental disabilities, including one year in a management or supervisory capacity (as determined by the department).
(c) The applicant shall have successfully completed four seminars or college courses required for provisional grade certification in accordance with paragraphs (D)(5)(b)(i)(c) and
(D)(5)(b)(i)(d) of this rule.
(ii) During the effective period of the initial temporary grade certification, the applicant shall successfully complete an orientation program (as verified by the superintendent of the employing county board) and a minimum of one seminar or college course required for provisional grade certification.
(iii) Provided the applicant completes the requirements as specified in paragraph
(D)(5)(a)(ii) of this rule, the temporary grade certification may be renewed.
(iv) During the effective period of the second temporary grade certification, the applicant shall successfully complete a minimum of two seminars or college courses required for provisional grade certification.
(v) Provided the applicant completes the requirements as specified in paragraph
(D)(5)(a)(iv) of this rule, the temporary grade certification may be renewed.
(vi) During the effective period of the third temporary grade certification, the applicant shall successfully complete the remaining seminar or college course required for provisional grade certification.
(vii) If the applicant fails to complete the requirements as specified in paragraph
(D)(5)(a)(ii), (D)(5)(a)(iv), or (D)(5)(a)(vi) of this rule, no additional temporary grade management 3 level certification shall be issued to the applicant.
(b) Provisional grade
(i) The provisional grade certification shall be issued to an applicant who meets the following requirements:
(a) The applicant shall hold a master's degree from a college or university.
(b) The applicant shall have completed three years full-time, supervised, paid work experience in administration, supervision, instruction, or habilitation of individuals with mental retardation or other developmental disabilities, including one year in a management or supervisory capacity (as determined by the department).
(c) The applicant shall have successfully completed one seminar or college course in each of the following areas:
(i) Introduction to developmental disabilities that includes behavior support and self-determination;
(ii) Individual program development or principles of group facilitation;
(iii) Principles of behavior support; and
(iv) Principles of work or principles of habilitation programming.
(d) The applicant shall have successfully completed college courses in four of the following ten areas:
(i) Business, health care, public, or social agency administration;
(ii) Public or administrative law;
(iii) Budgeting/finance;
(iv) Principles of leadership/supervision;
(v) Information management or statistical analysis;
(vi) Human resources management;
(vii) Marketing/public relations;
(viii) Organizational theory and development;
(ix) Negotiation, conflict resolution, and mediation; or
(x) Strategic planning, management, and implementation.
(e) The superintendent may recommend and the department may approve the substitution of other seminars that are related to an applicant's position, in place of the seminars specified in paragraph (D)(5)(b)(i)(c) of this rule. The superintendent may recommend and the department may approve the substitution of other college courses that are related to an applicant's position, in place of the college courses specified in paragraph (D)(5)(b)(i)(d) of this rule.
(f) The provisional grade certification may be renewed on the expiration date with the completion of sixty units of continuing professional development.
(g) An applicant requesting renewal of the first provisional grade certification, who, at the time of application, is employed by a county board or by an agency contracting with a county board to provide adult services, shall have successfully completed an orientation program (as verified by the superintendent of the employing county board). Provided the orientation program is completed subsequent to the effective date of the initial provisional grade certification, the applicant may use the orientation program as thirty units of continuing professional development toward renewal of the initial provisional grade certification.
(c) Professional grade
(i) The professional grade certification shall be issued to an applicant who elects to upgrade the provisional grade certification by meeting the following requirements:
(a) The applicant shall meet both the initial and renewal requirements for the provisional grade certification.
(b) The applicant shall have both a master's degree and ten post-graduate semester hours
(or fifteen post-graduate quarter hours) from a college or university.
(c) The applicant shall have worked five years in a position requiring provisional grade management 3 level adult services certification.
(ii) The professional grade certification may be renewed on the expiration date with the completion of one-hundred-twenty units of continuing professional development.
(E) Renewal of temporary grade adult services registration or certification issued prior to the effective date of this rule
(1) Persons who hold, upon the effective date of this rule, currently valid temporary grade adult services registration or certification, shall obtain the comparable level of initial provisional grade adult services registration or certification by either:
(a) Completing the requirements for provisional grade adult services registration or certification pursuant to paragraph (D) of this rule; or
(b) Completing the requirements for provisional grade adult services registration or certification pursuant to rule 5123:2-5-01 or 5123:2-5-02 of the Administrative Code that was in effect immediately prior to the effective date of this rule.
(2) Persons who obtain initial provisional grade adult services registration or certification pursuant to paragraph (E)(1) of this rule shall renew the registration or certification pursuant to paragraph (D) of this rule.
(F) Renewal of provisional grade or professional grade adult services registration or certification issued prior to the effective date of this rule
(1) Persons who hold, upon the effective date of this rule, currently valid provisional grade or professional grade adult services registration or certification, shall renew the registration or certification one time by completing the requirements pursuant to rule 5123:2-5-01 or 5123:2-5-02 of the Administrative Code that was in effect immediately prior to the effective date of this rule. For the purpose of redistributing expiration dates of registrations and certifications more evenly across the calendar year, the department may, at its discretion, reissue provisional grade registrations or certifications for effective periods in excess of five years but not to exceed six years and may reissue professional grade registrations or certifications for effective periods in excess of ten years but not to exceed eleven years.
(2) Subsequent renewals shall be made pursuant to paragraph (D) of this rule.
(G) Renewal of expired provisional grade or professional grade registration or certification
(1) Registrations or certifications expired for less than one year may be renewed upon completion of all renewal requirements of the expired registration or certification.
(2) Registrations or certifications issued subsequent to January 12, 1996 that have expired for one or more years may be renewed upon completion of all renewal requirements of the expired registration or certification, completion of fifteen additional units of continuing professional development, and payment of the fees required by rule 5123:2-5-06 of the Administrative Code.
(3) Registrations or certifications issued prior to January 12, 1996 that have been expired for one or more years may not be renewed; the applicant will be required to meet the requirements for initial registration or certification pursuant to paragraph (D) of this rule.
(H) Right of appeal
An applicant whose application for registration or certification is disapproved based upon the applicant's failure to meet the requirements of this rule, may request in writing, within thirty days of the rejection, an administrative review by the director or the director's designee.
(I) Denial, suspension, or revocation
Registrations and certifications under this rule are subject to denial, suspension, or revocation in accordance with rule 5123:2-5-04 of the Administrative Code.
Replaces: Part of 5123:2-5-01 and Part of 5123:2-5-02
Effective: 07/01/2005
R.C.
119.032 review dates: 07/01/2010
Promulgated Under:
119.03
Statutory
Authority:
5123.04,
5123.082,
5126.25
Rule
Amplifies:
5123.04,
5123.082,
5126.20,
5126.22,
5126.221,
5126.25
Prior
Effective Dates: 4/24/78, 5/14/79, 1/25/82, 5/19/91, 1/12/96
5123:2-5-02
Service and support administration registration and certification standards.
(A) Purpose
The purpose of this rule is to establish minimum qualifications through registration and certification standards for staff working in service and support administration positions at county boards of mental retardation and developmental disabilities or their contract agencies.
(B) Application
These standards shall apply to persons directly providing, supervising the provision of, or assisting in the provision of service and support administration, who are employed by county boards of mental retardation and developmental disabilities or agencies contracting with a county board to provide service and support administration.
(1) Only a service and support administration supervisor, a service and support administrator, or a conditional status service and support administrator who meets the following certification requirements may provide service and support administration:
(a) A service and support administration supervisor shall have either a management 2 level or management 3 level service and support administration certification in accordance with this rule.
(b) A service and support administrator shall have a specialist 2 level service and support administration certification in accordance with this rule.
(c) A conditional status service and support administrator shall have a specialist 1 level service and support administration certification in accordance with this rule.
(2) Any person who is employed to assist a service and support administration supervisor, a service and support administrator, or a conditional status service and support administrator in the performance of their duties shall have a registered service level service and support administration registration in accordance with this rule.
(3) Notwithstanding paragraphs (B)(1) and (B)(2) of this rule, a person employed or under contract with a county board who meets the requirements established by the Ohio department of health for service coordinators in the HMG system may provide service and support administration in accordance with the service coordination requirements of 34 C.F.R. 303.23 to an individual under three years of age eligible for early intervention services under 34 C.F.R. part 303.
(C) Definitions
(1) "Applicant" means a person submitting a completed application to the department for service and support administration registration or certification.
(2) "College course" means department-approved instruction of a minimum of two semester hours or three quarter hours of credit offered by a college or university.
(3) "College or university" means a state university or college as defined in section 3345.32 of the Revised Code, a state university or college of another state, or an institution that has received a certificate of authorization to confer degrees from the board of regents pursuant to Chapter 1713. of the Revised Code or from a comparable agency of another state.
(4) "Continuing professional development" means department-approved training used by applicants to renew provisional grade and professional grade service and support administration registration and certification. A unit of continuing professional development is fifty minutes of instruction.
(5) "County board" means a county board of mental retardation and developmental disabilities as established under Chapter 5126. of the Revised Code.
(6) "Department" means the Ohio department of mental retardation and developmental disabilities as established by section 121.02 of the Revised Code.
(7) "Director" means the administrative head of the department as established by section 121.03 of the Revised Code.
(8) "GED" means a general educational development credential sanctioned by the "American Council on Education."
(9) "Grades" mean the designations within the levels of service and support administration registration and certification that differentiate the effective dates and minimum requirements
(i.e., one-year temporary, five-year provisional, and ten-year professional).
(10) "HMG" means "Help Me Grow," an Ohio family and children first initiative directed by the Ohio department of health and coordinated on the county level by the family and children first council. HMG is Ohio's birth through two system designed to create, nourish, and maintain a coordinated, community-based infrastructure that promotes transdisciplinary, family-centered services and supports to eligible expectant parents, newborns, infants and toddlers, and their families.
(11) "Levels" mean the categories used to differentiate employee positions within the validation of service and support administration (i.e., registered service registration, specialist 1 certification, specialist 2 certification, management 2 certification, and management 3 certification).
(12) "Orientation program" means that within ninety days of initial employment by a county board or by an agency contracting with a county board to provide service and support administration, an applicant shall successfully complete thirty hours of training which shall include, but is not limited to, the following areas: overview of developmental disabilities; board operations and table of organization; county board rules; roles, functions, and responsibilities of service and support administration personnel; medicaid accountability; rights of individuals with mental retardation or other developmental disabilities; health, safety, and welfare of individuals with mental retardation or other developmental disabilities; confidentiality; techniques and philosophy of intervention and training; services and supports and service delivery settings; team processes; conflict management; communication; and service and support administration registration and certification standards.
(13) "Seminar" means department-approved instruction of thirty hours.
(14) "Service and support administration" has the same meaning as in section 5126.01 of the Revised Code, and pursuant to section 5126.15 of the Revised Code, includes a set of mandated functions to be provided by the county board. Service and support administration supports individuals in determining and pursuing life goals and maintains the individual as the focus while coordinating services across multiple systems.
(15) "Superintendent" means a person certified by the department according to rule 5123:2-5-03 of the Administrative Code and employed in that capacity by a county board.
(D) Description Registered service, specialist 1, specialist 2, management 2, and management 3 levels are designated within the service and support administration validation. Temporary, provisional, and professional grades are designated within each level.
(1) Registered service level registration
(a) Temporary grade
(i) The temporary grade registration shall be issued to an applicant hired into a position requiring registered service level registration who meets the following requirements:
(a) The applicant shall be at least eighteen years of age.
(b) The applicant shall hold a high school diploma or GED.
(ii) During the effective period of the initial temporary grade registration, the applicant shall successfully complete an orientation program (as verified by the superintendent of the employing county board) and a minimum of one seminar or college course required for provisional grade registration.
(iii) Provided the applicant completes the requirements as specified in paragraph
(D)(1)(a)(ii) of this rule, the temporary grade registration may be renewed one time.
(iv) During the effective period of the second temporary grade registration, the applicant shall successfully complete the remaining seminar or college course required for provisional grade registration.
(v) If the applicant fails to complete the requirements as specified in paragraph
(D)(1)(a)(ii) or (D)(1)(a)(iv) of this rule, no additional temporary grade registered service level registration shall be issued to the applicant.
(b) Provisional grade
(i) The provisional grade registration shall be issued to an applicant who meets the following requirements:
(a) The applicant shall be at least eighteen years of age.
(b) The applicant shall hold a high school diploma or GED.
(c) The applicant shall have successfully completed one seminar or college course in each of the following areas:
(i) Introduction to developmental disabilities that includes behavior support and self-determination; and
(ii) Principles of group facilitation or principles of community supports and integration or interviewing and counseling techniques.
(ii) The superintendent may recommend and the department may approve the substitution of other seminars or college courses that are related to an applicant's position, in place of the seminars or college courses specified in paragraph (D)(1)(b)(i)(c) of this rule.
(iii) The provisional grade registration may be renewed on the expiration date with the completion of sixty units of continuing professional development.
(iv) An applicant requesting renewal of the first provisional grade registration, who, at the time of application, is employed by a county board or by an agency contracting with a county board to provide service and support administration, shall have successfully completed an orientation program (as verified by the superintendent of the employing county board). Provided the orientation program is completed subsequent to the effective date of the initial provisional grade registration, the applicant may use the orientation program as thirty units of continuing professional development toward renewal of the initial provisional grade registration.
(c) Professional grade
(i) The professional grade registration shall be issued to an applicant who elects to upgrade the provisional grade registration by meeting the following requirements:
(a) The applicant shall meet both the initial and renewal requirements for provisional grade registration.
(b) The applicant shall have successfully completed a minimum of ten semester hours (or fifteen quarter hours) from a college or university.
(c) The applicant shall have worked five years in a position requiring provisional grade registered service level service and support administration registration.
(ii) The professional grade registration may be renewed on the expiration date with the completion of one-hundred-twenty units of continuing professional development.
(2) Specialist 1 level certification
(a) Temporary grade
(i) The temporary grade certification shall be issued to an applicant hired into a position requiring specialist 1 level certification who holds an associate's degree from a college or university
(ii) During the effective period of the initial temporary grade certification, the applicant shall successfully complete an orientation program (as verified by the superintendent of the employing county board) and a minimum of one seminar or college course required for provisional grade certification.
(iii) Provided the applicant completes the requirements as specified in paragraph
(D)(2)(a)(ii) of this rule, the temporary grade certification may be renewed.
(iv) During the effective period of the second temporary grade certification, the applicant shall successfully complete a minimum of two seminars or college courses required for provisional grade certification.
(v) Provided the applicant completes the requirements as specified in paragraph
(D)(2)(a)(iv) of this rule, the temporary grade certification may be renewed.
(vi) During the effective period of the third temporary grade certification, the applicant shall successfully complete the remaining seminar or college course required for provisional grade certification.
(vii) If the applicant fails to complete the requirements as specified in paragraph
(D)(2)(a)(ii), (D)(2)(a)(iv), or (D)(2)(a)(vi) of this rule, no additional temporary grade specialist 1 level certification shall be issued to the applicant.
(b) Provisional grade
(i) The provisional grade certification shall be issued to an applicant who meets the following requirements:
(a) The applicant shall hold an associate's degree from a college or university.
(b) The applicant shall have successfully completed one seminar or college course in each of the following areas:
(i) Introduction to developmental disabilities that includes behavior support and self-determination;
(ii) Principles of group facilitation;
(iii) Principles of self-determination; and
(iv) Principles of community supports and integration or interviewing and counseling techniques.
(ii) The superintendent may recommend and the department may approve the substitution of other seminars or college courses that are related to an applicant's position, in place of the seminars or college courses specified in paragraph (D)(2)(b)(i)(b) of this rule.
(iii) The provisional grade certification may be renewed on the expiration date with the completion of sixty units of continuing professional development.
(iv) An applicant requesting renewal of the first provisional grade certification, who, at the time of application, is employed by a county board or by an agency contracting with a county board to provide service and support administration, shall have successfully completed an orientation program (as verified by the superintendent of the employing county board). Provided the orientation program is completed subsequent to the effective date of the initial provisional grade certification, the applicant may use the orientation program as thirty units of continuing professional development toward renewal of the initial provisional grade certification.
(c) Professional grade
(i) The professional grade certification shall be issued to an applicant who elects to upgrade the provisional grade certification by meeting the following requirements:
(a) The applicant shall meet both the initial and renewal requirements for the provisional grade certification.
(b) The applicant shall hold an associate's degree plus have successfully completed a minimum of ten post-associate semester hours (or fifteen post-associate quarter hours) from a college or university.
(c) The applicant shall have worked five years in a position requiring provisional grade specialist 1 level service and support administration certification.
(ii) The professional grade certification may be renewed on the expiration date with the completion of one-hundred-twenty units of continuing professional development.
(3) Specialist 2 level certification
(a) Temporary grade
(i) The temporary grade certification shall be issued to an applicant hired into a position requiring specialist 2 level certification who holds a bachelor's degree from a college or university.
(ii) During the effective period of the initial temporary grade certification, the applicant shall successfully complete an orientation program (as verified by the superintendent of the employing county board) and a minimum of one seminar or college course required for provisional grade certification.
(iii) Provided the applicant completes the requirements as specified in paragraph
(D)(3)(a)(ii) of this rule, the temporary grade certification may be renewed.
(iv) During the effective period of the second temporary grade certification, the applicant shall successfully complete a minimum of two seminars or college courses required for provisional grade certification.
(v) Provided the applicant completes the requirements as specified in paragraph
(D)(3)(a)(iv) of this rule, the temporary grade certification may be renewed.
(vi) During the effective period of the third temporary grade certification, the applicant shall successfully complete the remaining seminar or college course required for provisional grade certification.
(vii) If the applicant fails to complete the requirements as specified in paragraph
(D)(3)(a)(ii), (D)(3)(a)(iv), or (D)(3)(a)(vi) of this rule, no additional temporary grade specialist 2 level certification shall be issued to the applicant.
(b) Provisional grade
(i) The provisional grade certification shall be issued to an applicant who meets the following requirements:
(a) The applicant shall hold a bachelor's degree from a college or university.
(b) The applicant shall have successfully completed one seminar or college course in each of the following areas:
(i) Introduction to developmental disabilities that includes behavior support and self-determination;
(ii) Principles of group facilitation;
(iii) Principles of self-determination; and
(iv) Principles of community supports and integration or interviewing and counseling techniques.
(ii) The superintendent may recommend and the department may approve the substitution of other seminars or college courses that are related to an applicant's position, in place of the seminars or college courses specified in paragraph (D)(3)(b)(i)(b) of this rule.
(iii) The provisional grade certification may be renewed on the expiration date with the completion of sixty units of continuing professional development.
(iv) An applicant requesting renewal of the first provisional grade certification, who, at the time of application, is employed by a county board or by an agency contracting with a county board to provide service and support administration, shall have successfully completed an orientation program (as verified by the superintendent of the employing county board). Provided the orientation program is completed subsequent to the effective date of the initial provisional grade certification, the applicant may use the orientation program as thirty units of continuing professional development toward renewal of the initial provisional grade certification.
(c) Professional grade
(i) The professional grade certification shall be issued to an applicant who elects to upgrade the provisional grade certification by meeting the following requirements:
(a) The applicant shall meet both the initial and renewal requirements for the provisional grade certification.
(b) The applicant shall hold a bachelor's degree plus have successfully completed a minimum of ten post-baccalaureate semester hours (or fifteen post-baccalaureate quarter hours) from a college or university.
(c) The applicant shall have worked five years in a position requiring provisional grade specialist 2 level service and support administration certification.
(ii) The professional grade certification may be renewed on the expiration date with the completion of one-hundred-twenty units of continuing professional development.
(4) Management 2 level certification
(a) Temporary grade
(i) The temporary grade certification shall be issued to an applicant hired into a position requiring management 2 level certification who meets the following requirements:
(a) The applicant shall hold a bachelor's degree from a college or university.
(b) The applicant shall have completed two years full-time, supervised, paid work experience related to the position (as determined by the superintendent of the employing county board).
(ii) During the effective period of the initial temporary grade certification, the applicant shall successfully complete an orientation program (as verified by the superintendent of the employing county board) and a minimum of one seminar or college course required for provisional grade certification.
(iii) Provided the applicant completes the requirements as specified in paragraph
(D)(4)(a)(ii) of this rule, the temporary grade certification may be renewed.
(iv) During the effective period of the second temporary grade certification, the applicant shall successfully complete a minimum of two seminars or college courses required for provisional grade certification.
(v) Provided the applicant completes the requirements as specified in paragraph
(D)(4)(a)(iv) of this rule, the temporary grade certification may be renewed.
(vi) During the effective period of the third temporary grade certification, the applicant shall successfully complete a minimum of two seminars or college courses required for provisional grade certification.
(vii) Provided the applicant completes the requirements as specified in paragraph
(D)(4)(a)(vi) of this rule, the temporary grade certification may be renewed.
(viii) During the effective period of the fourth temporary grade certification, the applicant shall successfully complete the remaining seminar or college course required for provisional grade certification.
(ix) If the applicant fails to complete the requirements as specified in paragraph
(D)(4)(a)(ii), (D)(4)(a)(iv), (D)(4)(a)(vi), or (D)(4)(a)(viii) of this rule, no additional temporary grade management 2 level certification shall be issued to the applicant.
(b) Provisional grade
(i) The provisional grade certification shall be issued to an applicant who meets the following requirements:
(a) The applicant shall hold a bachelor's degree from a college or university.
(b) The applicant shall have completed two years full-time, supervised, paid work experience related to the position (as determined by the superintendent of the employing county board or by the department, if the applicant is not employed by a county board).
(c) The applicant shall have successfully completed one seminar or college course in each of the following areas:
(i) Introduction to developmental disabilities that includes behavior support and self-determination;
(ii) Principles of group facilitation;
(iii) Principles of self-determination; and
(iv) Principles of community supports and integration or interviewing and counseling techniques.
(d) The applicant shall have successfully completed college courses in two of the following ten areas:
(i) Business, health care, public, or social agency administration;
(ii) Public or administrative law;
(iii) Budgeting/finance;
(iv) Principles of leadership/supervision;
(v) Information management or statistical analysis;
(vi) Human resources management;
(vii) Marketing/public relations;
(viii) Organizational theory and development;
(ix) Negotiation, conflict resolution, and mediation; or
(x) Strategic planning, management, and implementation.
(e) The superintendent may recommend and the department may approve the substitution of other seminars or college courses that are related to an applicant's position, in place of the seminars or college courses specified in paragraph (D)(4)(b)(i)(c) of this rule. The superintendent may recommend and the department may approve the substitution of other college courses that are related to an applicant's position, in place of the college courses specified in paragraph (D)(4)(b)(i)(d) of this rule.
(f) The provisional grade certification may be renewed on the expiration date with the completion of sixty units of continuing professional development.
(g) An applicant requesting renewal of the first provisional grade certification, who, at the time of application, is employed by a county board or by an agency contracting with a county board to provide service and support administration, shall have successfully completed an orientation program (as verified by the superintendent of the employing county board). Provided the orientation program is completed subsequent to the effective date of the initial provisional grade certification, the applicant may use the orientation program as thirty units of continuing professional development toward renewal of the initial provisional grade certification.
(c) Professional grade
(i) The professional grade certification shall be issued to an applicant who elects to upgrade the provisional grade certification by meeting the following requirements:
(a) The applicant shall meet both the initial and renewal requirements for the provisional grade certification.
(b) The applicant shall hold a bachelor's degree and have successfully completed ten graduate semester hours (or fifteen graduate quarter hours) from a college or university.
(c) The applicant shall have worked five years in a position requiring provisional grade management 2 level service and support administration certification.
(ii) The professional grade certification shall be renewed on the expiration date with the completion of one-hundred-twenty units of continuing professional development.
(5) Management 3 level certification
(a) Temporary grade
(i) The temporary grade certification shall be issued to an applicant hired into a position requiring management 3 level certification who meets the following requirements:
(a) The applicant shall hold a master's degree from a college or university.
(b) The applicant shall have completed three years full-time, supervised, paid work experience in administration, supervision, instruction, or habilitation of individuals with mental retardation or other developmental disabilities, including one year in a management or supervisory capacity (as determined by the department).
(c) The applicant shall have successfully completed four seminars or college courses required for provisional grade certification in accordance with paragraphs (D)(5)(b)(i)(c) and
(D)(5)(b)(i)(d) of this rule.
(ii) During the effective period of the initial temporary grade certification, the applicant shall successfully complete an orientation program (as verified by the superintendent of the employing county board) and a minimum of one seminar or college course required for provisional grade certification.
(iii) Provided the applicant completes the requirements as specified in paragraph
(D)(5)(a)(ii) of this rule, the temporary grade certification may be renewed.
(iv) During the effective period of the second temporary grade certification, the applicant shall successfully complete a minimum of two seminars or college courses required for provisional grade certification.
(v) Provided the applicant completes the requirements as specified in paragraph
(D)(5)(a)(iv) of this rule, the temporary grade certification may be renewed.
(vi) During the effective period of the third temporary grade certification, the applicant shall successfully complete the remaining seminar or college course required for provisional grade certification.
(vii) If the applicant fails to complete the requirements as specified in paragraph
(D)(5)(a)(ii), (D)(5)(a)(iv), or (D)(5)(a)(vi) of this rule, no additional temporary grade management 3 level certification shall be issued to the applicant.
(b) Provisional grade
(i) The provisional grade certification shall be issued to an applicant who meets the following requirements:
(a) The applicant shall hold a master's degree from a college or university.
(b) The applicant shall have completed three years full-time, supervised, paid work experience in administration, supervision, instruction, or habilitation of individuals with mental retardation or other developmental disabilities, including one year in a management or supervisory capacity (as determined by the department).
(c) The applicant shall have successfully completed one seminar or college course in each in each of the following areas:
(i) Introduction to developmental disabilities that includes behavior support and self-determination;
(ii) Principles of group facilitation;
(iii) Principles of self-determination; and
(iv) Principles of community supports and integration or interviewing and counseling techniques.
(d) The applicant shall have successfully completed college courses in four of the following ten areas:
(i) Business, health care, public, or social agency administration;
(ii) Public or administrative law;
(iii) Budgeting/finance;
(iv) Principles of leadership/supervision;
(v) Information management or statistical analysis;
(vi) Human resources management;
(vii) Marketing/public relations;
(viii) Organizational theory and development;
(ix) Negotiation, conflict resolution, and mediation; or
(x) Strategic planning, management, and implementation.
(e) The superintendent may recommend and the department may approve the substitution of other seminars or college courses that are related to an applicant's position, in place of the seminars or college courses specified in paragraph (D)(5)(b)(i)(c) of this rule. The superintendent may recommend and the department may approve the substitution of other college courses that are related to an applicant's position, in place of the college courses specified in paragraph (D)(5)(b)(i)(d) of this rule.
(f) The provisional grade certification may be renewed on the expiration date with the completion of sixty units of continuing professional development.
(g) An applicant requesting renewal of the first provisional grade certification, who, at the time of application, is employed by a county board or by an agency contracting with a county board to provide service and support administration, shall have successfully completed an orientation program (as verified by the superintendent of the employing county board). Provided the orientation program is completed subsequent to the effective date of the initial provisional grade certification, the applicant may use the orientation program as thirty units of continuing professional development toward renewal of the initial provisional grade certification.
(c) Professional grade
(i) The professional grade certification shall be issued to an applicant who elects to upgrade the provisional grade certification by meeting the following requirements:
(a) The applicant shall meet both the initial and renewal requirements for the provisional grade certification.
(b) The applicant shall have both a master's degree and ten post-graduate semester hours
(or fifteen post-graduate quarter hours) from a college or university.
(c) The applicant shall have worked five years in a position requiring provisional grade management 3 level service and support administration certification.
(ii) The professional grade certification may be renewed on the expiration date with the completion of one-hundred-twenty units of continuing professional development.
(E) Transition from case management registration and certification to service and support administration registration and certification for persons holding temporary grade case management registration or certification
(1) The department shall issue a comparable level of temporary grade service and support administration registration or certification to persons who hold, upon the day immediately prior to the effective date of this rule, currently valid temporary grade case management registration or certification.
(a) The expiration date of temporary grade registrations and certifications issued under this provision shall be no less than one year from the effective date of this rule.
(b) Persons who receive temporary grade registration or certification under this provision may obtain a comparable level of provisional grade service and support administration registration or certification by either:
(i) Completing the requirements for provisional grade service and support administration registration or certification pursuant to paragraph (D) of this rule; or
(ii) Completing the requirements for provisional grade case management registration or certification pursuant to rule 5123:2-5-01 or 5123:2-5-02 of the Administrative Code that was in effect immediately prior to the effective date of this rule.
(2) Persons who receive provisional grade service and support administration registration or certification pursuant to paragraph (E)(1) of this rule shall renew the registration or certification pursuant to paragraph (D) of this rule.
(F) Transition from case management registration and certification to service and support administration registration and certification for persons holding provisional grade or professional grade case management registration or certification
(1) The department shall issue a comparable level and grade of service and support administration registration or certification to persons who hold, upon the day immediately prior to the effective date of this rule, currently valid provisional grade or professional grade case management registration or certification.
(a) The expiration date of provisional grade registrations and certifications issued under this provision shall be no less than five years from the effective date of this rule.
(b) The expiration date of professional grade registrations and certifications issued under this provision shall be no less than ten years from the effective date of this rule.
(2) Persons who receive provisional grade or professional grade service and support administration registration or certification pursuant to paragraph (F)(1) of this rule shall renew the registration or certification pursuant to paragraph (D) of this rule.
(G) Transition to service and support administration registration and certification for persons holding temporary grade, provisional grade, or professional grade adult services registration or certification who have been performing service and support administration duties
(1) The department shall issue a comparable level and grade of service and support administration registration or certification to persons who hold, upon the day immediately prior to the effective date of this rule, currently valid temporary grade, provisional grade, or professional grade adult services registration or certification, provided the superintendent of the employing county board submits a request to the department on a form prescribed by the department, within one-hundred-eighty days of the effective date of this rule.
(a) The expiration date of temporary grade registrations and certifications issued under this provision shall be no less than one year from the effective date of this rule. Persons who receive temporary grade registration or certification under this provision may obtain the comparable level of provisional grade service and support administration registration or certification by either:
(i) Completing the requirements for provisional grade service and support administration registration or certification pursuant to paragraph (D) of this rule; or
(ii) Completing the requirements for provisional grade case management registration or certification pursuant to rule 5123:2-5-01 or 5123:2-5-02 of the Administrative Code that was in effect immediately prior to the effective date of this rule.
(b) The expiration date of provisional grade registrations and certifications issued under this provision shall be no less than five years from the effective date of this rule.
(c) The expiration date of professional grade registrations and certifications issued under this provision shall be no less than ten years from the effective date of this rule.
(2) Persons who receive provisional grade or professional grade service and support administration registration or certification pursuant to paragraph (G)(1) of this rule shall renew the registration or certification pursuant to paragraph (D) of this rule.
(H) Renewal of expired provisional grade or professional grade registration or certification
(1) Service and support administration registrations or certifications expired for less than one year may be renewed upon completion of all renewal requirements of the expired registration or certification
(2) Service and support administration registrations or certifications expired for one or more years may be renewed upon completion of all renewal requirements of the expired registration or certification, completion of fifteen additional units of continuing professional development, and payment of the fees required by rule 5123:2-5-06 of the Administrative Code.
(3) Case management registrations or certifications issued subsequent to January 12, 1996 that have expired may be exchanged for the comparable level and grade of service and support administration registration or certification upon completion of all renewal requirements of the expired registration or certification, completion of fifteen additional units of continuing professional development, and payment of the fees required by rule 5123:2-5-06 of the Administrative Code.
(I) Right of appeal
An applicant whose application for registration or certification is disapproved based upon the applicant's failure to meet the requirements of this rule, may request in writing, within thirty days of the rejection, an administrative review by the director or the director's designee.
(J) Denial, suspension, or revocation
Registrations and certifications under this rule are subject to denial, suspension, or revocation in accordance with rule 5123:2-5-04 of the Administrative Code.
Replaces: Part of 5123:2-5-01 and Part of 5123:2-5-02
Effective: 07/01/2005
R.C.
119.032 review dates: 07/01/2010
Promulgated Under:
119.03
Statutory
Authority:
5123.04,
5123.082,
5126.25, section 75.04 of House
Bill 94 of the 124th General Assembly
Rule Amplifies:
5123.04,
5123.082,
5126.20,
5126.22,
5126.221,
5126.25, section 75.04 of House
Bill 94 of the 124th General Assembly
Prior Effective Dates:
4/24/78, 5/14/79, 1/25/82, 5/19/91, 1/12/96
5123:2-5-03
Superintendent and assistant superintendent certification standards.
(A) Purpose
The purpose of this rule is to establish minimum qualifications through certification standards for superintendents and assistant superintendents employed by county boards of mental retardation and developmental disabilities.
(B) Application
These standards shall apply to persons who work in positions of superintendent and assistant superintendent for county boards of mental retardation and developmental disabilities.
(C) Definitions
(1) "Advanced curriculum for administrators in Ohio's MRDD service delivery system" means department-approved instruction of at least one-hundred hours in the topical areas identified in paragraph (D)(1)(b)(i)(c) of this rule.
(2) "Applicant" means a person submitting a completed application to the department for superintendent or assistant superintendent certification.
(3) "Assistant superintendent" means a person certified by the department according to this rule.
(4) "College course" means department-approved instruction of a minimum of two semester hours or three quarter hours of credit offered by a college or university.
(5) "College or university" means a state university or college as defined in section 3345.32 of the Revised Code, a state university or college of another state, or an institution that has received a certificate of authorization to confer degrees from the board of regents pursuant to Chapter 1713. of the Revised Code or from a comparable agency of another state.
(6) "Continuing professional development" means department-approved training used by applicants to renew provisional grade and professional grade superintendent and assistant superintendent certification. A unit of continuing professional development is fifty minutes of instruction.
(7) "County board" means a county board of mental retardation and developmental disabilities as established under Chapter 5126. of the Revised Code.
(8) "Department" means the Ohio department of mental retardation and developmental disabilities as established by section 121.02 of the Revised Code.
(9) "Director" means the administrative head of the department as established by section 121.03 of the Revised Code.
(10) "Grades" mean the designations within the validations of certification that differentiate the effective dates and minimum requirements (i.e., one-year temporary, five-year provisional, and ten-year professional).
(11) "Seminar" means department-approved instruction of thirty hours.
(12) "Superintendent" means a person certified by the department according to this rule.
(13) "Superintendent development program" means a department-approved curriculum of at least fifty hours which may be comprised of instruction, observation, and participation in practical experiences related to the role of superintendents of county boards in Ohio's MRDD service delivery system.
(D) Description
Certifications issued under this rule may be validated for either superintendent or assistant superintendent. Temporary, provisional, and professional grades are designated within the superintendent and assistant superintendent validations.
(1) Superintendent certification - option one
(a) Temporary grade
(i) The temporary grade certification shall be issued for a one-year period to an applicant who meets the following requirements:
(a) The applicant shall have an offer of employment in the position of superintendent, as evidenced by a resolution passed by the employing county board.
(b) The applicant shall hold a master's degree from a college or university.
(c) The applicant shall have completed twelve years full-time, supervised, paid work experience in administration, supervision, instruction, or habilitation of individuals with mental retardation or other developmental disability, including eight years in a management or supervisory capacity.
(d) The applicant shall have successfully completed eight college courses or seminars required for provisional grade superintendent certification in accordance with paragraph (D)(1)(b)(i)(c) and paragraph (D)(1)(b)(i)(e) of this rule.
(e) The applicant shall be party to an arrangement whereby an experienced, appointed superintendent agrees to serve as a mentor to the applicant for a period of at least one year, as evidenced by a letter from the experienced, appointed superintendent.
(ii) During the effective period of the initial temporary grade certification, the applicant shall successfully complete a minimum of two seminars or college courses required for provisional grade certification.
(iii) Provided the applicant completes the requirements as specified in paragraph
(D)(1)(a)(ii) of this rule, the temporary grade certification may be renewed.
(iv) During the effective period of the second temporary grade certification, the applicant shall successfully complete a minimum of two seminars or college courses required for provisional grade certification.
(v) Provided the applicant completes the requirements as specified in paragraph
(D)(1)(a)(iv) of this rule, the temporary grade certification may be renewed.
(vi) During the effective period of the third temporary grade certification, the applicant shall successfully complete a minimum of two seminars or college courses required for provisional grade certification.
(vii) Provided the applicant completes the requirements as specified in paragraph
(D)(1)(a)(vi) of this rule, the temporary grade certification may be renewed.
(viii) During the effective period of the fourth temporary grade certification, the applicant shall successfully complete the remaining seminar or college course required for provisional grade certification.
(ix) If the applicant fails to complete the requirements as specified in paragraph
(D)(1)(a)(ii), (D)(1)(a)(iv), (D)(1)(a)(vi), or (D)(1)(a)(viii) of this rule, no additional temporary grade superintendent certification shall be issued to the applicant.
(b) Provisional grade
(i) The provisional grade certification shall be issued for a five-year period to an applicant who meets the following requirements:
(a) The applicant shall hold a master's degree from a college or university.
(b) The applicant shall have completed six years full-time, supervised, paid work experience in administration, supervision, instruction, or habilitation of individuals with mental retardation or other developmental disability, including three years in a management or supervisory capacity.
(c) The applicant shall have successfully completed one graduate level college course in each of the following areas taken in a program of business or public administration:
(i) Business, health care, public or social agency administration;
(ii) Public or administrative law;
(iii) Budgeting/finance;
(iv) Principles of leadership/supervision;
(v) Information management or statistical analysis;
(vi) Human resources management;
(vii) Marketing/public relations;
(viii) Organizational theory and development;
(ix) Negotiation, conflict resolution, and mediation; and
(x) Strategic planning, management, and implementation.
(d) An applicant who has successfully completed for graduate credit at a college or university, courses specified in paragraph (D)(1)(b)(i)(c) of this rule at a program other than business or public administration may petition the director to accept the courses as fulfilling the requirement. When making this determination, the decision of the director shall be final.
(e) The applicant shall have successfully completed one seminar or college course in each of the following areas:
(i) Introduction to developmental disabilities;
(ii) Individual program development or principles of group facilitation;
(iii) Principles of community supports and integration or health and safety issues affecting individuals with developmental disabilities;
(iv) Principles of behavior support; and
(v) Principles of self-determination.
(ii) The provisional grade certification shall be renewed on the expiration date with the completion of one-hundred-twenty units of continuing professional development. The continuing professional development requirements are as follows:
(a) Eighty units of continuing professional development in the topical areas identified in paragraph (D)(1)(b)(i)(c) of this rule; and
(b) Forty units of continuing professional development in services, programs, and supports for individuals with mental retardation and developmental disabilities.
(c) Professional grade
(i) The professional grade certification shall be issued for a ten-year period to an applicant who elects to upgrade the provisional grade certification by meeting the following requirements:
(a) The applicant shall meet both initial and renewal requirements for provisional grade certification.
(v) The applicant shall have worked at least five years in a position requiring provisional grade superintendent certification.
(ii) The professional grade certification shall be renewed on the 5123:2-5-03 5 expiration date with the completion of two-hundred-forty units of continuing professional development. The continuing professional development requirements are as follows:
(a) One-hundred-sixty units of continuing professional development in the topical areas identified in paragraph (D)(1)(b)(i)(c) of this rule; and
(b) Eighty units of continuing professional development in services, programs, and supports for individuals with mental retardation and developmental disabilities.
(2) Superintendent certification - option two
(a) Temporary grade
(i) The temporary grade certification shall be issued for a one-year period to an applicant who meets the following requirements:
(a) The applicant shall have an offer of employment in the position of superintendent, as evidenced by a resolution passed by the employing county board.
(b) The applicant shall hold a master's degree from a college or university.
(c) The applicant shall have completed twelve years full-time, supervised, paid work experience in administration, supervision, instruction, or habilitation of individuals with mental retardation or other developmental disability, including eight years in a management or supervisory capacity.
(d) The applicant shall have successfully completed a superintendent development program or have completed ten years full-time, supervised, paid work experience in a management or supervisory capacity in administration, supervision, instruction, or habilitation of individuals with mental retardation or other developmental disability.
(e) The applicant shall have successfully completed an advanced curriculum for administrators in Ohio's MRDD service delivery system.
(f) The applicant shall be party to an arrangement whereby an experienced, appointed superintendent agrees to serve as a mentor to the applicant for a period of at least one year, as evidenced by a letter from the experienced, appointed superintendent.
(ii) During the effective period of the initial temporary grade certification, the applicant shall successfully complete a minimum of two seminars or college courses required for provisional grade certification.
(iii) Provided the applicant completes the requirements as specified in paragraph
(D)(2)(a)(ii) of this rule, the temporary grade certification may be renewed.
(iv) During the effective period of the second temporary grade certification, the applicant shall successfully complete a minimum of two seminars or college courses required for provisional grade certification.
(v) Provided the applicant completes the requirements as specified in paragraph
(D)(2)(a)(iv) of this rule, the temporary grade certification may be renewed.
(vi) During the effective period of the third temporary grade certification, the applicant shall successfully complete the remaining seminar or college course required for provisional grade certification.
(vii) If the applicant fails to complete the requirements as specified in paragraph
(D)(2)(a)(ii), (D)(2)(a)(iv), or (D)(2)(a)(vi) of this rule, no additional temporary grade superintendent certification shall be issued to the applicant.
(b) Provisional grade
(i) The provisional grade certification shall be issued for a five-year period to an applicant who meets the following requirements:
(a) The applicant shall hold a master's degree from a college or university.
(b) The applicant shall have completed twelve years full-time, supervised, paid work experience in administration, supervision, instruction or habilitation of individuals with mental retardation or other developmental disability, including eight years in a management or supervisory capacity.
(c) The applicant shall have successfully completed a superintendent development program or have completed ten years full-time, supervised, paid work experience in a management or supervisory capacity in administration, supervision, instruction, or habilitation of individuals with mental retardation or other developmental disability.
(d) The applicant shall have successfully completed an advanced curriculum for administrators in Ohio's MRDD service delivery system.
(e) The applicant shall have successfully completed one seminar or college course in each of the following areas:
(i) Introduction to developmental disabilities;
(ii) Individual program development or principles of group facilitation;
(iii) Principles of community supports and integration or health and safety issues affecting individuals with developmental disabilities;
(iv) Principles of behavior support; and
(v) Principles of self-determination.
(ii) The provisional grade certification shall be renewed on the expiration date with the completion of one-hundred-twenty units of continuing professional development. The continuing professional development requirements are as follows:
(a) Eighty units of continuing professional development in the topical areas identified in paragraph (D)(1)(b)(i)(c) of this rule; and
(b) Forty units of continuing professional development in services, programs, and supports for individuals with mental retardation and developmental disabilities.
(3) Assistant superintendent certification - option one
(a) Temporary grade
(i) The temporary grade certification shall be issued for a one-year period to an applicant who meets the following requirements:
(a) The applicant shall have an offer of employment in the position of assistant superintendent, as evidenced by a contract offer from an employing superintendent.
(b) The applicant shall hold a master's degree from a college or university.
(c) The applicant shall have completed eight years full-time, supervised, paid work experience in administration, supervision, instruction, or habilitation of individuals with mental retardation or other developmental disability, including six years in a management or supervisory capacity.
(d) The applicant shall have successfully completed four college courses or seminars required for provisional grade assistant superintendent certification in accordance with paragraphs (D)(3)(b)(i)(c) and (D)(3)(b)(i)(e) of this rule.
(ii) During the effective period of the initial temporary grade certification, the applicant shall successfully complete a minimum of two seminars or college courses required for provisional grade certification.
(iii) Provided the applicant completes the requirements as specified in paragraph
(D)(3)(a)(ii) of this rule, the temporary grade certification may be renewed.
(iv) During the effective period of the second temporary grade certification, the applicant shall successfully complete a minimum of two seminars or college courses required for provisional grade certification.
(v) Provided the applicant completes the requirements as specified in paragraph
(D)(3)(a)(iv) of this rule, the temporary grade certification may be renewed.
(vi) During the effective period of the third temporary grade certification, the applicant shall successfully complete the remaining two seminars or college courses required for provisional grade certification.
(vii) If the applicant fails to complete the requirements as specified in paragraphs
(D)(3)(a)(ii), (D)(3)(a)(iv), or (D)(3)(a)(vi) of this rule, no additional temporary grade assistant superintendent certification shall be issued to the applicant.
(b) Provisional grade
(i) The provisional grade certification shall be issued for a five-year period to an applicant who meets the following requirements:
(a) The applicant shall hold a master's degree from a college or university.
(b) The applicant shall have completed four years full-time, supervised, paid work experience in administration, supervision, instruction or habilitation of persons with mental retardation or other developmental disability, including two years in a management or supervisory capacity.
(c) The applicant shall have successfully completed graduate level college courses in five of the following ten areas taken in a program of business or public administration:
(i) Business, health care, public or social agency administration;
(ii) Public or administrative law;
(iii) Budgeting/finance;
(iv) Principles of leadership/supervision;
(v) Information management or statistical analysis;
(vi) Human resources management;
(vii) Marketing/public relations;
(viii) Organizational theory and development;
(ix) Negotiation, conflict resolution, and mediation; and
(x) Strategic planning, management, and implementation.
(d) An applicant who has successfully completed for graduate credit at a college or university, courses specified in paragraph (D)(3)(b)(i)(c) of this rule in a program other than business or public administration may petition the director to accept the courses as fulfilling the requirement. When making this determination, the decision of the director shall be final.
(e) The applicant shall have successfully completed one seminar or college course in each of the following areas:
(i) Introduction to developmental disabilities;
(ii) Individual program development or principles of group facilitation;
(iii) Principles of community supports and integration or health and safety issues affecting individuals with developmental disabilities;
(iv) Principles of behavior support; and
(v) Principles of self-determination.
(ii) The provisional grade certification shall be renewed on the expiration date with the completion of sixty units of continuing professional development. The continuing professional development requirements are as follows:
(a) Forty units of continuing professional development in the topical areas identified in paragraph (D)(3)(b)(i)(c) of this rule; and
(b) Twenty units of continuing professional development in services, programs, and supports for individuals with mental retardation and developmental disabilities.
(c) Professional grade
(i) The professional grade certification shall be issued for a ten-year period to an applicant who elects to upgrade the provisional grade certification by meeting the following requirements:
(a) The applicant shall meet both initial and renewal requirements for provisional grade certification.
(b) The applicant shall have worked at least five years in a position requiring provisional grade assistant superintendent certification.
(ii) The professional grade certification shall be renewed on the expiration date with the completion of one-hundred-twenty units of continuing professional development. The continuing professional development requirements are as follows:
(a) Eighty units of continuing professional development in the topical areas identified in paragraph (D)(3)(b)(i)(c) of this rule; and
(b) Forty units of continuing professional development in services, programs, and supports for individuals with mental retardation and developmental disabilities.
(4) Assistant superintendent - option two
(a) Temporary grade
(i) The temporary grade certification shall be issued for a one-year period to an applicant who meets the following requirements:
(a) The applicant shall have an offer of employment in the position of assistant superintendent, as evidenced by a contract offer from an employing superintendent.
(b) The applicant shall hold a master's degree from a college or university.
(c) The applicant shall have completed eight years full-time, supervised, paid work experience in administration, supervision, instruction, or habilitation of individuals with mental retardation or other developmental disability, including six years in a management or supervisory capacity.
(d) The applicant shall have successfully completed a superintendent development program or have completed ten years full-time, supervised, paid work experience in a management or supervisory capacity in administration, supervision, instruction, or habilitation of individuals with mental retardation or other developmental disability.
(e) The applicant shall have successfully completed fifty hours of an advanced curriculum for administrators in Ohio's MRDD service delivery system.
(ii) During the effective period of the initial temporary grade certification, the applicant shall successfully complete a minimum of two seminars or college courses required for provisional grade certification.
(iii) Provided the applicant completes the requirements as specified in paragraph
(D)(4)(a)(ii) of this rule, the temporary grade certification may be renewed.
(iv) During the effective period of the second temporary grade certification, the applicant shall successfully complete a minimum of two seminars or college courses required for provisional grade certification.
(v) Provided the applicant completes the requirements as specified in paragraph
(D)(4)(a)(iv) of this rule, the temporary grade certification may be renewed.
(vi) During the effective period of the third temporary grade certification, the applicant shall successfully complete the remaining seminar or college course required for provisional grade certification.
(vii) If the applicant fails to complete the requirements as specified in paragraphs
(D)(4)(a)(ii), (D)(4)(a)(iv), or (D)(4)(a)(vi) of this rule, no additional temporary grade assistant superintendent certification shall be issued to the applicant.
(b) Provisional grade
(i) The provisional grade certification shall be issued for a five-year period to an applicant who meets the following requirements:
(a) The applicant shall hold a master's degree from a college or university.
(b) The applicant shall have completed eight years full-time, supervised, paid work experience in administration, supervision, instruction, or habilitation of individuals with mental retardation or other developmental disability, including six years in a management or supervisory capacity.
(c) The applicant shall have successfully completed a superintendent development program or have completed ten years full-time, supervised, paid work experience in a management or supervisory capacity in administration, supervision, instruction, or habilitation of individuals with mental retardation or other developmental disability.
(d) The applicant shall have successfully completed fifty hours of an advanced curriculum for administrators in Ohio's MRDD service delivery system.
(e) The applicant shall have successfully completed one seminar or college course in each of the following areas:
(i) Introduction to developmental disabilities;
(ii) Individual program development or principles of group facilitation;
(iii) Principles of community supports and integration or health and safety issues affecting individuals with developmental disabilities;
(iv) Principles of behavior support; and
(v) Principles of self-determination.
(ii) The provisional grade certification may be renewed on the expiration date with the completion of sixty units of continuing professional development. The continuing professional development requirements are as follows:
(a) Forty units of continuing professional development in topical areas listed in paragraph (D)(3)(b)(i)(c) of this rule; and
(b) Twenty units of continuing professional development in services, programs, and supports for individuals with mental retardation and developmental disabilities.
(E) Renewal of expired provisional grade or professional grade superintendent or assistant superintendent certification
(1) Certifications expired for less than one year may be renewed upon completion of all renewal requirements of the expired certification.
(2) Certifications issued subsequent to February 6, 1992 that have expired for one or more years may be renewed upon completion of all renewal requirements of the expired certification, completion of twenty-five additional units of continuing professional development, and payment of the fees required by rule 5123:2-5-06 of the Administrative Code.
(3) Certifications issued prior to February 6, 1992 that have been expired for one or more years may not be renewed; the applicant will be required to meet the requirements of initial certification pursuant to paragraph (D) of this rule.
(F) Right of appeal
An applicant whose application for certification is disapproved based upon the applicant's failure to meet the requirements of this rule, may request in writing, within thirty days of the rejection, an administrative review by the director or the director's designee.
(G) Denial, suspension or revocation
Certifications under this rule are subject to denial, suspension, or revocation in accordance with rule 5123:2-5-04 of the Administrative Code.
Effective: 02/01/2007
R.C.
119.032 review dates: 06/10/2010
Promulgated Under:
119.03
Statutory
Authority:
5126.25
Rule
Amplifies:
5126.25
Prior
Effective Dates: 09/23/1982, 02/06/1992, 05/16/1999, 04/05/2001, 06/10/2005
5123:2-5-04
Denial, suspension, and revocation of certificates and evidence of registration.
(A) This rule applies to applicants for and holders of certificates or evidence of registration under Chapter 5123:2-5 of the Administrative Code and applicants for and holders of certificates under Chapter 5123:2-7 of the Administrative Code.
(B) Definitions.
(1) "Minor drug possession offense" means either of the following:
(a) A violation of section 2925.11 (drug abuse) of the Revised Code as it existed prior to July 1, 1996;
(b) A violation of section 2925.11 (possession of drugs) of the Revised Code as it exists on or after July 1, 1996 that is a misdemeanor or a felony of the fifth degree.
(2) "Repeat offender" means a person who has been convicted of or pleaded guilty to the commission of any of the offenses listed or described in paragraphs (D)(1) to (D)(4) of this rule in two or more separate criminal actions. Convictions or guilty pleas resulting from or connected with the same act, or resulting from offenses committed at the same time, shall be counted as one conviction or guilty plea.
(3) "Sexually oriented offense" means any of the following offenses:
(a) Regardless of the age of the victim of the offense, a violation of section 2907.02
(rape), 2907.03 (sexual battery), or 2907.05 (gross sexual imposition) of the Revised Code or a violation of former section 2907.12 (felonious sexual penetration) of the Revised Code;
(b) A violation of section 2905.01(kidnapping), 2905.02(abduction), 2905.05 (child enticement), or 2907.04 (unlawful sexual conduct with a minor, formerly corruption of a minor) of the Revised Code, or a violation of section 2905.04 (child stealing) of the Revised Code as it existed prior to July 1, 1996, or a violation of section 2919.23 (interference with custody) of the Revised Code that would have been a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, had the violation occurred prior to that date, when the victim of the offense is under eighteen years of age;
(c) A violation of section 2907.21 (compelling prostitution) of the Revised Code when the person who is compelled, induced, procured, encouraged, solicited, requested, or facilitated to engage in, paid or agreed to be paid for, or allowed to engage in the sexual activity in question is under eighteen years of age;
(d) A violation of division (A)(1) or (A)(3) of section 2907.321 (pandering obscenity involving a minor) or 2907.322 (pandering sexually oriented matter involving a minor) of the Revised Code;
(e) A violation of division (A)(1) or (A)(2) of section 2907.323 (illegal use of a minor in nudity-oriented material or performance) of the Revised Code;
(f) A violation of division (B)(5) of section 2919.22 (endangering children) of the Revised Code when the child who is involved in the offense is under eighteen years of age;
(g) Regardless of the age of the victim of the offense, a violation of section 2903.01
(aggravated murder), 2903.02(murder), 2903.11 (felonious assault), 2905.01(kidnapping), or division (A) of section 2903.04 (involuntary manslaughter) of the Revised Code that is committed with a purpose to gratify the sexual needs or desires of the offender;
(h) A sexually violent offense listed or described in paragraph (B)(4) of this rule; or
(i) Any violation of an existing or former municipal ordinance or law of this state, any other state, or the United States, if the offense is substantially equivalent to any of the offenses listed or described in paragraphs (B)(3)(a) to (B)(3)(h) of this rule.
(4) "Sexually violent offense" means any of the following:
(a) A "violent sex offense," which means a violation of section 2907.02(rape) or 2907.03
(sexual battery) of the Revised Code, a violation of division (A)(4) of section 2907.05
(gross sexual imposition) of the Revised Code, or a violation of former section 2907.12
(felonious sexual penetration) of the Revised Code, or a felony violation of an existing or former municipal ordinance or law of this state, any other state, or the United States, if the offense is substantially equivalent to any of the offenses listed or described in this paragraph; or
(b) A violation of section 2903.01 (aggravated murder), 2903.02(murder), 2903.11
(felonious assault), or 2905.01(kidnapping) of the Revised Code or a violation of division (A) of section 2903.04 (involuntary manslaughter) of the Revised Code for which the offender also was convicted of or pleaded guilty to a sexual motivation specification, as described in section 2941.147 of the Revised Code, that charges that a person charged with an offense designated in this paragraph committed the offense with a purpose to gratify the sexual needs or desires of the offender, or a violation of an existing or former municipal ordinance or law of this state, any other state, or the United States, if the offense is substantially equivalent to any of the offenses listed or described in this paragraph.
(C) The department shall deny, suspend, or revoke a certificate or evidence of registration if it finds, pursuant to an adjudication conducted in accordance with Chapter 119. of Revised Code, that the applicant for or holder of the certificate or evidence of registration is guilty of intemperate, immoral, or other conduct unbecoming to his position, or is guilty of incompetence or negligence within the scope of his duties.
(D) Except as provided in paragraphs (G) and (K) of this rule, the department shall deny or revoke a certificate or evidence of registration if it finds, pursuant to an adjudication conducted in accordance with Chapter 119. of the Revised Code, that the applicant for or holder of the certificate or evidence of registration has been convicted or of pleaded guilty to any of the following:
(1) A violation of the following sections of the Revised Code:
(a) 2903.01 (aggravated murder),
(b) 2903.02(murder),
(c) 2903.03 (voluntary manslaughter),
(d) 2903.04 (involuntary manslaughter),
(e) 2903.11 (felonious assault),
(f) 2903.12 (aggravated assault),
(g) 2903.13(assault),
(h) 2903.16 (failing to provide for a functionally impaired person),
(i) 2903.21 (aggravated menacing),
(j) 2903.34 (patient abuse and neglect),
(k) 2905.01(kidnapping),
(l) 2905.02(abduction),
(m) 2905.05 (criminal child enticement),
(n) 2907.02(rape),
(o) 2907.03 (sexual battery),
(p) 2907.04 (unlawful sexual conduct with a minor, formerly corruption of a minor),
(q) 2907.05 (gross sexual imposition),
(r) 2907.06 (sexual imposition),
(s) 2907.07(importuning),
(t) 2907.08(voyeurism),
(u) 2907.09 (public indecency),
(v) 2907.21 (compelling prostitution),
(w) 2907.22 (promoting prostitution),
(x) 2907.23(procuring),
(z) 2907.31 (disseminating matter harmful to juveniles),
(aa) 2907.32 (pandering obscenity),
(bb) 2907.321 (pandering obscenity involving a minor),
(cc) 2907.322 (pandering sexually oriented matter involving a minor),
(dd) 2907.323 (illegal use of minor in nudity-oriented material or performance),
(ee) 2911.01 (aggravated robbery),
(ff) 2911.02(robbery),
(gg) 2911.11 (aggravated burglary),
(hh) 2911.12(burglary),
(ii) 2919.12 (unlawful abortion),
(jj) 2919.22 (endangering children),
(kk) 2919.24 (contributing to unruliness or delinquency of child),
(ll) 2919.25 (domestic violence),
(mm) 2923.12 (carrying concealed weapon),
(nn) 2923.13 (having weapons while under disability),
(oo) 2923.161 (improperly discharging a firearm at or into a habitation or school),
(pp) 2925.02 (corrupting another with drugs),
(qq) 2925.03 (trafficking in drugs),
(rr) 2925.04 (illegal manufacture of drugs or cultivation of marihuana),
(ss) 2925.05 (funding of drug or marihuana trafficking),
(tt) 2925.06 (illegal administration or distribution of anabolic steroids),
(uu) 3716.11 (placing harmful objects in food or confection),
(vv) 2905.04 (child stealing) as it existed prior to July 1, 1996,
(ww) 2919.23 (interference with custody) that would have been a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, had the violation occurred prior to that date,
(xx) 2925.11 (possession of drugs) that is not a minor drug possession offense as defined in this rule,
(yy) Felonious sexual penetration in violation of former section 2907.12 of the Revised Code.
(2) A felony contained in the Revised Code that is not listed in paragraph (D)(1) of this rule, if the felony bears a direct and substantial relationship to the duties and responsibilities of the position for which certification or registration is required;
(3) Any offense contained in the Revised Code constituting a misdemeanor of the first degree on the first offense and a felony on a subsequent offense, if the offense bears a direct and substantial relationship to the position being filled and the nature of the services being provided;
(4) A violation of an existing or former municipal ordinance or law of this state, any other state, or the United States, if the offense is substantially equivalent to any of the offenses described in paragraph (D)(1), (D)(2), or (D)(3) of this rule.
(E) The offenses listed or described in paragraph (D)(1) of this rule or a violation of an existing or former municipal ordinance or law of this state, any other state, or the United States, if the offense is substantially equivalent to any of the offenses listed or described in paragraph (D)(1) of this rule bear a direct and substantial relationship to the duties and responsibilities of any position for which certification or registration is required under Chapter 5123:2-5 of the Administrative Code or for which certification is required under Chapter 5123:2-7 of the Administrative Code.
(F) The department shall consider the following factors when determining whether an offense listed or described in paragraph (D)(2) or (D)(3) of this rule bears a direct and substantial relationship to the duties and responsibilities of the position for which certification or registration is required:
(1) The duties and responsibilities of the position;
(2) The nature and seriousness of the offense;
(3) The circumstances under which the offense was committed;
(4) The degree to which the individual participated in the offense;
(5) The age and ability of the victim, including whether the victim is an individual with physical or mental disabilities;
(6) The likelihood that the circumstances leading to the offense will recur;
(7) The extent to which the position provides an opportunity for the commission of the same or similar offenses; and
(8) The time elapsed since the individual was fully discharged from imprisonment, probation, and parole.
(G) The department shall not deny or revoke a certificate or evidence of registration under paragraphs (D)(1) to (D)(4) of this rule if it finds that the following standards for rehabilitation are met:
(1) The offense is not a sexually oriented offense as listed or described in paragraph
(B)(3) of this rule;
(2) The offense is not a violation of section 2907.06 (sexual imposition), 2907.07
(importuning), 2907.08(voyeurism), 2907.31 (disseminating matter harmful to juveniles), 2907.32 (pandering obscenity) of the Revised Code or a violation of an existing or former municipal ordinance or law of this state, any other state, or the United States, if the offense is substantially equivalent to the offenses listed or described in this paragraph;
(3) The offense is not a violation of section 2903.16 (failing to provide for a functionally impaired person) or 2903.34 (patient abuse and neglect) of the Revised Code or a violation of an existing or former municipal ordinance or law of this state, any other state, or the United States, if the offense is substantially equivalent to the offense listed or described in this paragraph;
(4) The victim of the offense was not a person for whom the individual was responsible for providing care;
(5) The individual is not a repeat offender as defined in paragraph (B)(2) of this rule;
(6) At least five years have elapsed since the individual was fully discharged from imprisonment, probation, and parole;
(7) The individual has had the record of his or her conviction sealed pursuant to section 2953.32 of the Revised Code-or a substantially equivalent provision under existing or former municipal ordinances or laws of this state, any other state, or the United States; and
(8) The individual's name does not appear on the registry established under section 5123.52 of the Revised Code.
(H) If an individual meets all the standards listed for rehabilitation in paragraph (G) of this rule with the exception of paragraph (G)(7) of this rule due to the nonexistence of a statute that would allow the person to petition the court to have his/her conviction record sealed, the individual may petition the director to be considered rehabilitated under the provisions of this rule. The director shall not consider for rehabilitation an individual for whom a court has denied the individual's request to have the record of his/her conviction sealed. The director shall consider the following factors in determining if the applicant has been rehabilitated:
(1) The duties and responsibilities of the position;
(2) The nature and seriousness of the offense;
(3) The time elapsed since the individual was fully discharged from imprisonment, probation or parole;
(4) The individual's efforts at rehabilitation and the results of those efforts;
(5) Whether any criminal proceedings are pending against the individual;
(6) Any personal references;
(7) The individual's employment history; and
(8) Any other relevant factors.
(I) It is the duty of an applicant for or holder of a certificate or evidence of registration to provide proof that the standards for rehabilitation specified in paragraph (G) of this rule are met. If the applicant for or holder of the certificate or evidence of registration fails to provide such proof or if the department determines that the proof offered is inconclusive, the certificate or evidence of registration shall be denied or revoked. Any doubt shall be resolved against the applicant for or holder of the certificate or evidence of registration.
(J) The applicant shall disclose a conviction that has been sealed because the information bears a direct and substantial relationship to any position for which certification or evidence of registration is required under Chapter 5123:2-5 of the Administrative Code or for which certification is required under Chapter 5123:2-7 of the Administrative Code.
(K) A conviction of or a plea of guilty to an offense listed or described in paragraphs
(D)(1) to (D)(4) of this rule shall not constitute a ground for the denial or revocation of a certificate or evidence of registration under the following circumstances:
(1) The individual has been granted an unconditional pardon for the offense pursuant to Chapter 2967. of the Revised Code;
(2) The individual has been granted an unconditional pardon for the offense pursuant to an existing or former law of this state, any other state, or the United States, if the law is substantially equivalent to Chapter 2967. of the Revised Code; or
(3) The conviction or guilty plea has been set aside pursuant to law.
As used in this rule, "unconditional pardon" includes a conditional pardon with respect to which all conditions have been performed or have transpired.
(L) Upon complaint by a county board of mental retardation and developmental disabilities that a professional or management employee in a position that requires a certificate issued under section 5126.25 of the Revised Code has violated division (A) of section 5126.29 of the Revised Code, the department shall investigate the complaint.
(M) If the department finds, pursuant to an adjudication conducted in accordance with Chapter 119. of the Revised Code, that the individual did violate division (A) of section 5126.29 of the Revised Code, it may suspend the individual's certificate for a period of time not exceeding one year.
(N) Appeals of adjudication orders issued under this rule are governed by section 119.12 of the Revised Code.
Eff 3-19-87; 1-12-96;
10-10-02
Rule promulgated under: RC
119.03
Rule authorized
by: RC 5123.04,
5123.082,
5126.25
Rule
amplifies: RC
5123.04,
5123.082,
5126.25,
5126.29
R.C.
119.032 review dates: 7/24/2002 and
10/10/2007
5123:2-5-05
Early intervention registration and certification standards.
(A) Purpose
The purpose of this rule is to establish minimum qualifications through registration and certification standards for staff working in early intervention positions at county boards of mental retardation and developmental disabilities or their contract agencies.
(B) Application
These standards shall apply to persons directly providing, supervising the provision of, or assisting in the provision of early intervention services, who are employed by county boards of mental retardation and developmental disabilities or agencies contracting with a county board to provide early intervention services.
(1) A person who is employed to assist an early intervention specialist or an early intervention supervisor shall have program assistant level registration in accordance with this rule.
(2) An early intervention specialist shall have specialist level certification in accordance with this rule.
(3) An early intervention supervisor shall have supervisor level certification in accordance with this rule, except that a person employed as the superintendent of a county board who supervises the early intervention program for less than one-thousand-forty hours per calendar year (i.e., .5 full-time equivalent) is not required to hold early intervention supervisor level certification.
(4) Persons who are hired to provide services solely to the HMG system (e.g., family support specialists, HMG project directors, or service coordinators) shall meet Ohio department of health policies on personnel standards, and are not required to hold a credential issued by the department.
(C) Definitions
(1) "Applicant" means a person submitting a completed application to the department for early intervention registration or certification.
(2) "College course" means department-approved instruction of a minimum of two semester hours or three quarter hours of credit offered by a college or university.
(3) "College or university" means a state university or college as defined in section 3345.32 of the Revised Code, a state university or college of another state, or an institution that has received a certificate of authorization to confer degrees from the board of regents pursuant to Chapter 1713. of the Revised Code or from a comparable agency of another state.
(4) "Continuing professional development" means department-approved training by approved providers used by applicants to renew provisional grade and professional grade early intervention registration and certification. A unit of continuing professional development is fifty minutes of instruction.
(5) "County board" means a county board of mental retardation and developmental disabilities as established under Chapter 5126. of the Revised Code.
(6) "Department" means the Ohio department of mental retardation and developmental disabilities as established by section 121.02 of the Revised Code.
(7) "Director" means the administrative head of the department as established by section 121.03 of the Revised Code.
(8) "Early intervention" means services and supports provided as early as possible to enhance a family's ability to meet the developmental needs of their child. Early intervention services and supports are designed to identify the presence of a disability, delay, or risk factors which may lead to a delay, and provide interventions responsive to the preferences of the family that maximize the child's optimal growth and development. Early intervention services and supports may include any of the types of services listed under the "Individuals with Disabilities Education Act" (IDEA), Part C system, Title 34 of the Code of Federal Regulations, sections (c) and (d) of 303.12 (revised as of July 1, 2002). The identification of a need for any specific early intervention service or support results from the comprehensive, ongoing assessment of the child and family.
(9) "GED" means a general equivalency diploma.
(10) "Grades" mean the designations within the levels of early intervention registration and certification that differentiate the effective dates and minimum requirements (i.e., one-year substitute, one-year temporary, five-year provisional, and ten-year professional).
(11) "HMG" means "Help Me Grow," an Ohio family and children first initiative directed by the Ohio department of health and coordinated on the county level by the family and children first council. HMG is Ohio's birth through two system designed to create, nourish, and maintain a coordinated, community-based infrastructure that promotes transdisciplinary, family-centered services and supports to eligible expectant parents, newborns, infants and toddlers, and their families.
(12) "Levels" mean the categories used to differentiate employee positions within the validation of early intervention (i.e., program assistant registration, specialist certification, and supervisor certification).
(13) "Orientation program" means that within ninety days of initial employment by a county board or by an agency contracting with a county board to provide early intervention services, an applicant shall successfully complete thirty hours of training which shall include, but is not limited to, the following areas: overview of developmental disabilities; board operations and table of organization; county board rules; roles, functions, and responsibilities of early intervention personnel; medicaid accountability; rights of individuals with mental retardation or other developmental disabilities; health, safety, and welfare of individuals with mental retardation or other developmental disabilities; mandated reporting requirements; confidentiality; techniques and philosophy of intervention and training; services and supports and service delivery settings; team processes; conflict management; communication; and early intervention registration and certification standards.
(14) "Seminar" means department-approved instruction of thirty hours offered by an approved provider.
(15) "Superintendent" means a person certified by the department according to rule 5123:2-5-03 of the Administrative Code and employed in that capacity by a county board.
(D) Description
Program assistant, specialist, and supervisor levels are designated within the early intervention validation. Temporary, provisional, and professional grades are designated within each level. Substitute grade is designated within the program assistant level and the specialist level.
(1) Program assistant level registration
(a) Substitute grade
(i) The substitute grade registration shall be issued to an applicant hired to work, on an interim or intermittent basis for less than one-thousand-forty hours per calendar year (i.e., .5 full-time equivalent), in a position requiring program assistant level registration, who meets the following requirements:
(a) The applicant shall be at least eighteen years of age.
(b) The applicant shall hold a high school diploma or GED.
(ii) The substitute grade registration may be renewed annually under the following conditions:
(a) The superintendent of the employing county board shall verify that the applicant is working less than one-thousand-forty hours per calendar year (i.e., .5 full-time equivalent).
(b) During the effective period of the initial substitute grade registration, the applicant shall successfully complete an orientation program (as verified by the superintendent of the employing county board).
(c) During the effective period of subsequent substitute grade registrations, the applicant shall successfully complete ten units of continuing professional development.
(b) Temporary grade
(i) The temporary grade registration shall be issued to an applicant hired into a position requiring program assistant level registration who meets the following requirements:
(a) The applicant shall be at least eighteen years of age.
(b) The applicant shall hold a high school diploma or GED.
(ii) During the effective period of the initial temporary grade registration, the applicant shall successfully complete an orientation program (as verified by the superintendent of the employing county board) and a minimum of one seminar or college course required for provisional grade registration.
(iii) Provided the applicant completes the requirements as specified in paragraph
(D)(1)(b)(ii) of this rule, the temporary grade registration may be renewed one time.
(iv) During the effective period of the second temporary grade registration, the applicant shall successfully complete the remaining seminar or college course required for provisional grade registration.
(v) If the applicant fails to complete the requirements as specified in paragraph
(D)(1)(b)(ii) or (D)(1)(b)(iv) of this rule, no additional temporary grade program assistant level registration shall be issued to the applicant.
(c) Provisional grade
(i) The provisional grade registration shall be issued to an applicant who meets the following requirements:
(a) The applicant shall be at least eighteen years of age.
(b) The applicant shall hold a high school diploma or GED.
(c) The applicant shall have successfully completed one seminar or college course in each of the following areas:
(i) Infant/toddler growth and development; and
(ii) Family dynamics.
(ii) The provisional grade registration may be renewed on the expiration date with the completion of fifty units of continuing professional development.
(iii) An applicant requesting renewal of the first provisional grade registration, who, at the time of application, is employed by a county board or by an agency contracting with a county board to provide early intervention services, shall have successfully completed an orientation program (as verified by the superintendent of the employing county board). Provided the orientation program is completed subsequent to the effective date of the initial provisional grade registration, the applicant may use the orientation program as thirty units of continuing professional development toward renewal of the initial provisional grade registration.
(d) Professional grade
(i) The professional grade registration shall be issued to an applicant who elects to upgrade the provisional grade registration by meeting the following requirements:
(a) The applicant shall meet both the initial and renewal requirements for provisional grade registration.
(b) The applicant shall hold an associate's degree or have achieved at least junior year standing at a college or university.
(c) The applicant shall have worked five years in a position requiring provisional grade program assistant level early intervention registration.
(ii) The professional grade registration may be renewed on the expiration date with the completion of one-hundred units of continuing professional development.
(2) Specialist level certification
(a) Substitute grade
(i) The substitute grade certification shall be issued to an applicant hired to work, on an interim or intermittent basis for less than one-thousand-forty hours per calendar year (i.e., .5 full-time equivalent), in a position requiring specialist level certification, who meets the following requirements:
(a) The applicant shall hold a bachelor's degree from a college or university.
(b) The applicant shall meet one of the following requirements:
(i) Hold a bachelor's or graduate degree from a college or university in education, health, social or behavioral science, social services, human services, or a related field; or
(ii) Completed six semester hours (or nine quarter hours) of department-approved early intervention college coursework; or
(iii) Hold a currently valid certificate or license issued by the Ohio department of education in pre-kindergarten, kindergarten to primary, elementary, high school home economics with a child development concentration, special education (handicapped), early education of handicapped, adapted physical education, early childhood education intervention specialist, professional pupil services license, or a related area; or
(iv) Worked two years in a full-time, supervised, paid position with children developmentally delayed or at risk, ages birth through five or have the equivalent work experience in a part-time position.
(ii) The substitute grade certification may be renewed annually under the following conditions:
(a) The superintendent of the employing county board shall verify that the applicant is working less than one-thousand-forty hours per calendar year (i.e., .5 full-time equivalent).
(b) During the effective period of the initial substitute grade certification, the applicant shall successfully complete an orientation program (as verified by the superintendent of the employing county board).
(c) During the effective period of subsequent substitute grade certifications, the applicant shall successfully complete ten units of continuing professional development.
(b) Temporary grade
(i) The temporary grade certification shall be issued to an applicant hired into a position requiring specialist level certification who meets the following requirements:
(a) The applicant shall hold a bachelor's degree from a college or university.
(b) The applicant shall meet one of the following requirements:
(i) Hold a bachelor's or graduate degree from a college or university in education, health, social or behavioral science, social services, human services, or a related field; or
(ii) Completed six semester hours (or nine quarter hours) of department-approved early intervention college coursework; or
(iii) Hold a currently valid certificate or license issued by the Ohio department of education in pre-kindergarten, kindergarten to primary, elementary, high school home economics with a child development concentration, special education (handicapped), early education of handicapped, adapted physical education, early childhood education intervention specialist, professional pupil services license, or a related area; or
(iv) Worked two years in a full-time, supervised, paid position with children developmentally delayed or at risk, ages birth through five or have the equivalent work experience in a part-time position.
(ii) During the effective period of the initial temporary grade certification, the applicant shall successfully complete an orientation program (as verified by the superintendent of the employing county board) and a minimum of one seminar or college course required for provisional grade certification.
(iii) Provided the applicant completes the requirements as specified in paragraph
(D)(2)(b)(ii) of this rule, the temporary grade certification may be renewed.
(iv) During the effective period of the second temporary grade certification, the applicant shall successfully complete a minimum of two seminars or college courses required for provisional grade certification.
(v) Provided the applicant completes the requirements as specified in paragraph
(D)(2)(b)(iv) of this rule, the temporary grade certification may be renewed.
(vi) During the effective period of the third temporary grade certification, the applicant shall successfully complete a minimum of two seminars or college courses required for provisional grade certification.
(vii) Provided the applicant completes the requirements as specified in paragraph
(D)(2)(b)(vi) of this rule, the temporary grade certification may be renewed.
(viii) During the effective period of the fourth temporary grade certification, the applicant shall successfully complete the remaining seminar or college course required for provisional grade certification.
(ix) If the applicant fails to complete the requirements as specified in paragraph
(D)(2)(b)(ii), (D)(2)(b)(iv), (D)(2)(b)(vi), or (D)(2)(b)(viii) of this rule, no additional temporary grade specialist level certification shall be issued to the applicant.
(c) Provisional grade
(i) The provisional grade certification shall be issued to an applicant who meets the following requirements:
(a) The applicant shall hold a bachelor's degree from a college or university.
(b) The applicant shall meet one of the following requirements:
(i) Hold a bachelor's or graduate degree from a college or university in education, health, social or behavioral science, social services, human services, or a related field; or
(ii) Completed six semester hours (or nine quarter hours) of department-approved early intervention college coursework; or
(iii) Hold a currently valid certificate or license issued by the Ohio department of education in pre-kindergarten, kindergarten to primary, elementary, high school home economics with a child development concentration, special education (handicapped), early education of handicapped, adapted physical education, early childhood education intervention specialist, professional pupil services license, or a related area; or
(iv) Worked two years in a full-time, supervised, paid position with children developmentally delayed or at risk, ages birth through five or have the equivalent work experience in a part-time position.
(c) The applicant shall have successfully completed one seminar or college course in each of the following areas:
(i) Infant/toddler growth and development;
(ii) Disabilities and risk factors from birth;
(iii) Family dynamics from birth;
(iv) Assessment and evaluation;
(v) Team models and community collaboration; and
(vi) Intervention program planning and development.
(ii) The provisional grade certification may be renewed on the expiration date with the completion of fifty units of continuing professional development.
(iii) An applicant requesting renewal of the first provisional grade certification, who, at the time of application, is employed by a county board or by an agency contracting with a county board to provide early intervention services, shall have successfully completed an orientation program (as verified by the superintendent of the employing county board). Provided the orientation program is completed subsequent to the effective date of the initial provisional grade certification, the applicant may use the orientation program as thirty units of continuing professional development toward renewal of the initial provisional grade certification.
(d) Professional grade
(i) The professional grade certification shall be issued to an applicant who elects to upgrade the provisional grade certification by meeting the following requirements:
(a) The applicant shall meet both the initial and renewal requirements for the provisional grade certification.
(b) The applicant shall have successfully completed a minimum of ten post-baccalaureate semester hours (or fifteen post-baccalaureate quarter hours) from a college or university.
(c) The applicant shall have worked five years in a position requiring provisional grade specialist level early intervention certification.
(ii) The professional grade certification may be renewed on the expiration date with the completion of one-hundred units of continuing professional development.
(3) Supervisor level certification
(a) Temporary grade
(i) The temporary grade certification shall be issued to an applicant hired into a position requiring supervisor level certification who meets the following requirements:
(a) The applicant shall hold a bachelor's degree from a college or university in education, health, social or behavioral science, social services, human services, or a related field; or the applicant shall hold a master's degree from a college or university;
(b) The applicant shall have worked two years in a full-time, supervised, paid position with children developmentally delayed or at-risk, ages birth through five or have the equivalent work experience in a part-time position; and
(c) The applicant shall have completed two seminars or college courses required for provisional grade supervisor level certification.
(ii) During the effective period of the initial temporary grade certification, the applicant shall successfully complete an orientation program (as verified by the superintendent of the employing county board) and a minimum of one seminar or college course required for provisional grade certification.
(iii) Provided the applicant completes the requirements as specified in paragraph
(D)(3)(a)(ii) of this rule, the temporary grade certification may be renewed.
(iv) During the effective period of the second temporary grade certification, the applicant shall successfully complete a minimum of two seminars or college courses required for provisional grade certification.
(v) Provided the applicant completes the requirements as specified in paragraph
(D)(3)(a)(iv) of this rule, the temporary grade certification may be renewed.
(vi) During the effective period of the third temporary grade certification, the applicant shall successfully complete a minimum of two seminars or college courses required for provisional grade certification.
(vii) Provided the applicant completes the requirements as specified in paragraph
(D)(3)(a)(vi) of this rule, the temporary grade certification may be renewed.
(viii) During the effective period of the fourth temporary grade certification, the applicant shall successfully complete the remaining seminar or college course required for provisional grade certification.
(ix) If the applicant fails to complete the requirements as specified in paragraph
(D)(3)(a)(ii), (D)(3)(a)(iv), (D)(3)(a)(vi), or (D)(3)(a)(viii) of this rule, no additional temporary grade supervisor level certification shall be issued to the applicant.
(b) Provisional grade
(i) The provisional grade certification shall be issued to an applicant who meets the following requirements:
(a) The applicant shall hold a bachelor's degree from a college or university in education, health, social or behavioral science, social services, human services, or a related field; or the applicant shall hold a master's degree from a college or university;
(b) The applicant shall have worked four years in a full-time, supervised, paid position with children developmentally delayed or at-risk, ages birth through five or have the equivalent work experience in a part-time position; and
(c) The applicant shall have successfully completed one seminar or college course in each of the following areas:
(i) Infant/toddler growth and development;
(ii) Disabilities and risk factors from birth;
(iii) Family dynamics from birth;
(iv) Assessment and evaluation;
(v) Team models and community collaboration; and
(vi) Intervention program planning and development.
(d) The applicant shall have successfully completed college courses in two of the following ten areas:
(i) Business, health care, public, or social agency administration;
(ii) Public or administrative law;
(iii) Budgeting/finance;
(iv) Principles of leadership/supervision;
(v) Information management or statistical analysis;
(vi) Human resources management;
(vii) Marketing/public relations;
(viii) Organizational theory and development;
(ix) Negotiation, conflict resolution, and mediation; or
(x) Strategic planning, management, and implementation.
(ii) The provisional grade certification may be renewed on the expiration date with the completion of fifty units of continuing professional development.
(iii) An applicant requesting renewal of the first provisional grade certification, who, at the time of application, is employed by a county board or by an agency contracting with a county board to provide early intervention services, shall have successfully completed an orientation program (as verified by the superintendent of the employing county board). Provided the orientation program is completed subsequent to the effective date of the initial provisional grade certification, the applicant may use the orientation program as thirty units of continuing professional development toward renewal of the initial provisional grade certification.
(c) Professional grade
(i) The professional grade certification shall be issued to an applicant who elects to upgrade the provisional grade certification by meeting the following requirements:
(a) The applicant shall meet both the initial and renewal requirements for the provisional grade certification.
(b) The applicant shall hold a master's degree from a college or university.
(c) The applicant shall have worked five years in a position requiring provisional grade supervisor level early intervention certification.
(ii) The professional grade certification shall be renewed on the expiration date with the completion of one-hundred units of continuing professional development.
(E) Renewal of temporary grade early intervention registration or certification issued prior to the effective date of this rule
(1) Persons who hold, upon the effective date of this rule, currently valid temporary grade early intervention registration or certification, shall obtain the comparable level of initial provisional grade early intervention registration or certification by either:
(a) Completing the requirements for provisional grade early intervention registration or certification pursuant to paragraph (D) of this rule; or
(b) Completing the requirements for provisional grade early intervention registration or certification pursuant to rule 5123:2-5-05 of the Administrative Code that was in effect immediately prior to the effective date of this rule.
(2) Persons who obtain initial provisional grade early intervention registration or certification pursuant to paragraph (E)(1) of this rule shall renew the registration or certification pursuant to paragraph (D) of this rule.
(F) Renewal of provisional grade or professional grade early intervention registration or certification issued prior to the effective date of this rule
(1) Persons who hold, upon the effective date of this rule, currently valid provisional grade or professional grade early intervention registration or certification, shall renew the registration or certification one time by completing the requirements pursuant to rule 5123:2-5-05 of the Administrative Code that was in effect immediately prior to the effective date of this rule. For the purpose of redistributing expiration dates of registrations and certifications more evenly across the calendar year, the department may, at its discretion, reissue provisional grade registrations or certifications for effective periods in excess of five years but not to exceed six years and may reissue professional grade registrations or certifications for effective periods in excess of ten years but not to exceed eleven years.
(2) Subsequent renewals shall be made pursuant to paragraph (D) of this rule.
(G) Renewal of special temporary grade, registered program assistant level early intervention registration
(1) Persons who hold, upon the effective date of this rule, currently valid special temporary grade, registered program assistant level early intervention registration may annually renew the registration with the completion of fifteen units of continuing professional development.
(2) Persons who allow their special temporary grade, registered program assistant level early intervention registration to lapse subsequent to the effective date of this rule shall not be permitted to renew the registration.
(H) Renewal of expired provisional grade or professional grade early intervention registration or certification
(1) Registrations or certifications expired for less than one year may be renewed upon completion of all renewal requirements of the expired registration or certification.
(2) Registrations or certifications issued subsequent to December 4, 1992 that have expired for one or more years may be renewed upon completion of all renewal requirements of the expired registration or certification, completion of fifteen additional units of continuing professional development, and payment of the fees required by rule 5123:2-5-06 of the Administrative Code.
(3) Registrations or certifications issued prior to December 4, 1992 that have been expired for one or more years may not be renewed; the applicant will be required to meet the requirements for initial registration or certification pursuant to paragraph (D) of this rule.
(I) Right of appeal
An applicant whose application for registration or certification is disapproved based upon the applicant's failure to meet the requirements of this rule, may request in writing, within thirty days of the rejection, an administrative review by the director or the director's designee.
(J) Denial, suspension, or revocation
Registrations and certifications under this rule are subject to denial, suspension, or revocation in accordance with rule 5123:2-5-04 of the Administrative Code.
Replaces: 5123:2-5-05
Effective: 01/01/2005
R.C.
119.032 review dates: 01/01/2010
Promulgated Under:
119.03
Statutory
Authority:
5123.04,
5123.082,
5126.25
Rule
Amplifies:
5123.04,
5123.082,
5126.20,
5126.22,
5126.221,
5126.25
Prior
Effective Dates: 8/27/87, 5/13/88, 6/9/89, 12/4/92
5123:2-5-06
Application fees for registration and certification.
(A) Purpose
The purpose of this rule is to establish application fees for registration and certification issued under Chapter 5123:2-5 of the Administrative Code.
(B) Application
This rule shall apply to all persons submitting applications for initial or renewal registration and certification.
(C) Definitions
(1) "Applicant" means a person submitting a completed application to the department for registration or certification.
(2) "Certification" means a document verifying an applicant meets the minimum qualifications for certification as established in rules promulgated by the department.
(3) "Department" means the Ohio department of mental retardation and developmental disabilities as established by section 121.02 of the Revised Code.
(4) "Evaluation" means the review of an applicant's qualifications for the requested registration or certification.
(5) "Fee" means the dollar amount paid by the applicant for submitting an application for registration or certification.
(6) "Grades" mean the designations within the levels of registration and certification that differentiate the effective dates and minimum requirements (i.e., one-year substitute, one-year temporary, five-year provisional, and ten-year professional).
(7) "Levels" mean the categories used to differentiate employee positions within the validation of registration or certification.
(8) "Registration" means a document verifying an applicant meets the minimum qualifications for registration as established in rules promulgated by the department.
(9) "Validations" mean the areas used to differentiate the service categories of employment positions in county boards of mental retardation and developmental disabilities
(i.e., adult services, early intervention, investigative agent, service and support administration, assistant superintendent, and superintendent).
(D) Description
The fees charged under this rule shall be contingent upon the validation, level, and grade of the registration or certification requested by an applicant.
(1) All applications for registration or certification shall be accompanied by a money order or check in the appropriate amount, payable to the treasurer, state of Ohio. Applications submitted without an appropriate money order or check shall be returned to the applicant.
(2) Application fees are non-refundable.
(3) Evaluations of applications shall be valid for one year from the date the evaluation is completed and all appeals related to the evaluation have been exhausted; therefore, an applicant who does not initially meet the requirements for issuance of a registration or certification has up to one year to provide evidence of meeting the requirements for issuance of a registration or certification without submitting an additional money order or check.
(4) If a registration or certification has lapsed for more than one year from the most recent expiration date, the applicant shall pay an additional fee of twenty dollars for purposes of reinstatement.
(5) The following fees apply:
Adult Services Validation
Level Grade Fee
Registered Service Substitute $ 10.00
Registered Service Temporary $ 10.00
Registered Service Provisional $ 15.00
Registered Service Professional $ 30.00
Management 1 Temporary $ 10.00
Management 1 Provisional $ 20.00
Management 1 Professional $ 40.00
Specialist Temporary $ 10.00
Specialist Provisional $ 30.00
Specialist Professional $ 60.00
Management 2 Temporary $ 10.00
Management 2 Provisional $ 40.00
Management 2 Professional $ 80.00
Management 3 Temporary $ 10.00
Management 3 Provisional $ 50.00
Management 3 Professional $ 100.00
Early Intervention Validation
Level Grade Fee
Program Assistant Substitute $ 10.00
Program Assistant Special Temporary $ 10.00
Program Assistant Temporary $ 10.00
Program Assistant Provisional $ 15.00
Program Assistant Professional $ 30.00
Specialist Substitute $ 10.00
Specialist Temporary $ 10.00
Specialist Provisional $ 30.00
Specialist Professional $ 60.00
Supervisor Temporary $ 10.00
Supervisor Provisional $ 40.00
Supervisor Professional $ 80.00
Investigative Agent Validation
Level Grade Fee
[Not Applicable] Temporary $ 10.00
[Not applicable] Provisional $ 30.00
[Not applicable] Professional $ 60.00
Service and Support Administration Validation
Level Grade Fee
Registered Service Temporary $ 10.00
Registered Service Provisional $ 15.00
Registered Service Professional $ 30.00
Specialist 1 Temporary $ 10.00
Specialist 1 Provisional $ 30.00
Specialist 1 Professional $ 60.00
Specialist 2 Temporary $ 10.00
Specialist 2 Provisional $ 30.00
Specialist 2 Professional $ 60.00
Management 2 Temporary $ 10.00
Management 2 Provisional $ 40.00
Management 2 Professional $ 80.00
Management 3 Temporary $ 10.00
Management 3 Provisional $ 50.00
Management 3 Professional $ 100.00
Assistant Superintendent Validation
Level Grade Fee
[Not applicable] Provisional $ 80.00
[Not applicable] Professional $ 160.00
Superintendent Validation
Level Grade Fee
[Not applicable] Temporary $ 10.00
[Not applicable] Provisional $ 100.00
[Not applicable] Professional $ 200.00
(E) Multiple registrations and/or certifications
An applicant who holds multiple provisional grade or professional grade registrations and/or certifications issued by the department may elect to renew those registrations and/or certifications on the same date. This option, however, does not apply to registrations or certifications that have lapsed for more than one year.
(1) The applicant shall submit a separate application for each registration and/or certification requested.
(2) The applicant shall pay the highest fee of all the registrations and/or certifications eligible for renewal under this request. The applicant shall also pay a fee of ten dollars for each additional registration and/or certification requested.
(3) Verification of continuing professional development units for each registration and/or certification being requested shall be submitted for review at the time the request is made. The number of units of continuing professional development required to renew each registration and/or certification which has not expired shall be prorated in accordance with the requirement as specified in the applicable rule under Chapter 5123:2-5 of the Administrative Code.
(F) Fund
All fees collected pursuant to this rule shall be deposited to the employee certification and registration fund. Amounts deposited in this fund shall be used for the operation of the registration and certification program and for providing training to employees of county boards of mental retardation and developmental disabilities.
Replaces: 5123:2-5-06
Effective: 07/01/2005
R.C.
119.032 review dates: 07/01/2010
Promulgated Under:
119.03
Statutory
Authority:
5126.25
Rule
Amplifies:
5126.25
Prior
Effective Dates: 10/16/92, 7/16/99
5123:2-5-07
Investigative agent certification standards.
(A) Purpose
The purpose of this rule is to establish minimum qualifications through certification standards that apply to staff working in investigative agent positions at county boards of developmental disabilities and persons or employees of government entities under contract with a county board to provide investigative agent services.
(B) Definitions
(1) "Applicant" means a person submitting a completed application to the department for certification.
(2) "College or university" means a college or university accredited by a national or regional association in the United States or a foreign college or university of comparable standing.
(3) "Continuing professional development" means department-approved training required for renewal of investigative agent certification. Training related to major unusual incidents or investigations conducted by the department, the office of the attorney general, the Ohio peace officer training academy, a pubic children services agency, the Ohio department of health, the Ohio department of job and family services, a law enforcement agency, or an entity with statutory authority to conduct civil or criminal investigations shall be considered continuing professional development. An investigative agent who develops and conducts training approved by the department for continuing professional development may receive double the credit toward renewal of his or her investigative agent certification, for up to a total of six hours during each year of the effective period of the certification.
(4) "County board" means a county board of developmental disabilities.
(5) "Department" means the Ohio department of developmental disabilities.
(6) "Director" means the director of the Ohio department of developmental disabilities or his or her designee.
(7) "GED" means a general education development certificate.
(8) "Grades" mean the designations within the investigative agent certification, that existed prior to the effective date of this rule, to differentiate the effective dates and minimum requirements of the certifications (i.e., one-year temporary, five-year provisional, and ten-year professional).
(9) "Investigative agent" means an individual who conducts investigations under section 5126.313 of the Revised Code.
(C) Description
There are two levels of investigative agent certification. A person who conducts investigations for one or more county boards under section 5126.313 of the Revised Code for one thousand forty or more hours per calendar year (i.e., at least .5 full-time equivalent) shall hold level one investigative agent certification. A person who conducts investigations for one or more county boards under section 5126.313 of the Revised Code on a part-time, interim, or intermittent basis for less than one thousand forty hours per calendar year may hold level two investigative agent certification.
(1) Level one investigative agent certification
(a) The level one investigative agent certification shall be issued for a five-year period to an applicant who meets the following requirements:
(i) The applicant shall be at least eighteen years of age.
(ii) The applicant shall hold a high school diploma or GED.
(iii) The applicant shall:
(a) Hold a baccalaureate or higher degree from a college or university; or
(b) Hold an associate's degree from a college or university or have achieved at least junior year standing at a college or university and have successfully completed two years full-time, supervised, paid work experience in conducting administrative, civil, and/or criminal investigations; or
(c) Hold an associate's degree from a college or university or have achieved at least junior year standing at a college or university and have successfully completed two years full-time, supervised, paid work experience in administration, supervision, instruction, or habilitation of individuals with developmental disabilities; or
(d) Have successfully completed Ohio peace officer basic training or a comparable program and have successfully completed two years full-time, supervised, paid work experience in conducting administrative, civil, and/or criminal investigations; or
(e) Have successfully completed four years full-time, supervised, paid work experience in conducting administrative, civil, and/or criminal investigations.
(b) The level one investigative agent shall successfully complete department-approved training in civil and criminal investigatory practices within the first year of his or her employment as an investigative agent. The investigative agent is not required to repeat this training as continuing professional development or if moving from a position that requires level one investigative agent certification to a position that requires level two investigative agent certification.
(c) The level one investigative agent certification may be renewed for a five-year period by an applicant who has successfully completed fifty hours of continuing professional development, of which at least ten hours shall be related to conducting administrative, civil, and/or criminal investigations.
(2) Level two investigative agent certification
(a) The level two investigative agent certification shall be issued for a two-year period to an applicant who meets the following requirements:
(i) The applicant shall be at least eighteen years of age.
(ii) The applicant shall hold a high school diploma or GED.
(iii) The applicant shall:
(a) Hold an associate's degree from a college or university or have achieved at least junior year standing at a college or university; or
(b) Have successfully completed Ohio peace officer basic training or a comparable program; or
(c) Have successfully completed two years full-time, supervised, paid work experience in conducting administrative, civil, and/or criminal investigations.
(iv) The applicant shall be employed by or under contract with a county board or a regional council of governments formed under section 5126.13 of the Revised Code by two or more county boards to conduct investigations under section 5126.313 of the Revised Code.
(b) The level two investigative agent shall successfully complete department-approved training in civil and criminal investigatory practices within the first year of his or her employment as an investigative agent. The investigative agent is not required to repeat this training as continuing professional development or if moving from a position that requires level two investigative agent certification to a position that requires level one investigative agent certification.
(c) The level two investigative agent certification may be renewed for a two-year period by an applicant who has successfully completed twenty hours of continuing professional development, of which at least four hours shall be related to conducting administrative, civil, and/or criminal investigations.
(D) Temporary grade investigative agent certifications and provisional grade investigative agent certifications issued prior to the effective date of this rule
(1) Temporary grade investigative agent certifications and provisional grade investigative agent certifications issued prior to the effective date of this rule shall remain in effect until their assigned expiration dates.
(2) No additional temporary grade investigative agent certifications or provisional grade investigative agent certifications shall be issued on or after the effective date of this rule.
(3) A person holding valid temporary grade investigative agent certification or provisional grade investigative agent certification on the effective date of this rule shall be eligible for level one investigative agent certification provided he or she has successfully completed department-approved training in civil and criminal investigatory practices.
(E) Professional grade investigative agent certifications issued prior to the effective date of this rule
(1) Professional grade investigative agent certifications issued prior to the effective date of this rule shall remain in effect until their assigned expiration dates.
(2) A person holding valid professional grade investigative agent certification on the effective date of this rule shall be permitted to renew the professional grade investigative agent certification provided he or she has completed one hundred hours of continuing professional development, of which at least twenty hours shall be related to conducting administrative, civil, and/or criminal investigations.
(F) Renewal of expired level one investigative agent certifications and level two investigative agent certifications
(1) Level one investigative agent certifications and level two investigative agent certifications expired for less than one year may be renewed upon completion of all renewal requirements.
(2) Level one investigative agent certifications and level two investigative agent certifications expired for one or more years may be renewed upon completion of all renewal requirements of the expired certification, completion of fifteen additional hours of continuing professional development, and payment of the reinstatement fee required by rule 5123:2-5-06 of the Administrative Code.
(3) Expired temporary grade investigative agent certifications, provisional grade investigative agent certifications, and professional grade investigative agent certifications issued prior to the effective date of this rule may not be renewed; applicants shall be required to meet the requirements for level one investigative agent certification or level two investigative agent certification in accordance with this rule.
(G) Right of appeal
An applicant whose application for certification is disapproved based upon the applicant's failure to meet the requirements of this rule, may request in writing, within thirty days of the rejection, an administrative review by the director.
(H) Denial, suspension, or revocation
Investigative agent certification is subject to denial, suspension, or revocation in accordance with rule 5123:2-5-04 of the Administrative Code.
Replaces: 5123:2-5-07
Effective:
07/23/2012
R.C.
119.032 review dates:
07/23/2017
Promulgated
Under: 119.03
Statutory
Authority:
5123.04,
5126.221,
5126.25
Rule
Amplifies:
5123.04,
5126.221,
5126.25
Prior
Effective Dates: 03/21/2002