Chapter 5123:2-5 Certification and Registration Standards

5123:2-5-01 Adult services certification standards.

(A) Purpose

The purpose of this rule is to establish minimum qualifications through certification standards for staff employed in adult services positions at county boards of developmental disabilities. These standards shall apply to persons, directly providing or supervising the provision of adult services, who are employed by county boards of developmental disabilities. Staff of entities under contract with a county board of developmental disabilities to provide adult services are not required to hold adult services certification.

(B) Definitions

(1) "Accredited 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.

(2) "Adult services" has the same meaning as in section 5126.01 of the Revised Code.

(3) "Certification" means:

(a) Certification issued to a "management employee" or a "professional employee" as those terms are defined in section 5126.20 of the Revised Code; and

(b) Registration issued to a "service employee" as that term is defined in section 5126.20 of the Revised Code and who is required to hold registration pursuant to section 5126.25 of the Revised Code.

(4) "Continuing professional education" means training approved by the department or a superintendent required for renewal of adult services worker and adult services supervisor certification.

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

(6) "Department" means the Ohio department of developmental disabilities.

(7) "Superintendent" means a person certified by the department in accordance with rule 5123:2-5-03 of the Administrative Code and employed in that capacity by a county board or for purposes of issuing certifications and/or approving continuing professional education in accordance with this rule, a person who is authorized in writing by the superintendent to perform those functions.

(C) Description

There are two levels of adult services certification:

(1) Adult services worker

(a) A superintendent may issue adult services worker certification for an initial period of five years to an employee of the county board who:

(i) Is at least eighteen years of age; and

(ii) Holds a high school diploma or general education development certificate.

(b) Within ninety days of employment as an adult services worker, the employee shall successfully complete or provide evidence of having successfully completed either:

(i) The "Ohio Alliance of Direct Support Professionals Professional Advancement Through Training and Education in Human Services (PATHS) Certificate of Initial Proficiency" program; or

(ii) An orientation program of at least eight hours that addresses, but is not limited to:

(a) Organizational background of the county board, including:

(i) Mission, vision, values, principles, and goals;

(ii) Organizational structure;

(iii) Key policies, procedures, and work rules;

(iv) Ethical and professional conduct and practice;

(v) Avoiding conflicts of interest; and

(vi) Working effectively with individuals, families, and other team members.

(b) Components of quality care for individuals served, including:

(i) Interpersonal relationships and trust;

(ii) Cultural and personal sensitivity;

(iii) Effective communication;

(iv) Person-centered philosophy and practice;

(v) Development of individual service plans;

(vi) Roles and responsibilities of team members; and

(vii) Recordkeeping including progress notes and incident/accident reports.

(c) Health and safety, including:

(i) Signs and symptoms of illness or injury and procedure for response;

(ii) Building/site-specific emergency response plans; and

(iii) Program-specific transportation safety.

(d) Positive behavior support, including:

(i) Principles of positive intervention culture;

(ii) Role of direct service staff in creating a positive culture;

(iii) General requirements for behavior support plans and intervention strategies and direct service staff role including documentation;

(iv) Behavior support review and human rights committees; and

(v) Crisis intervention techniques.

(e) Services that comprise adult services.

(c) During the first year of employment as an adult services worker, the employee shall:

(i) Be assigned and have access to a mentor employed by the county board; and

(ii) Successfully complete on-the-job training specific to each individual he or she serves that includes, but is not limited to:

(a) Requirements set forth in the individual service plan including skill development goals, service/support activities, behavior support plan, planned interventions, and related documentation requirements;

(b) The individual's preferences and strengths;

(c) The individual's diagnoses and related needs;

(d) The individual's care needs including nutrition, diet and mealtime support, restroom assistance, mobility needs, lifting, and general supervision/support requirements;

(e) Medication administration and delegated nursing, as applicable;

(f) Teaching techniques and related documentation requirements; and

(g)The employee's role regarding management of the individual's funds and related documentation requirements.

(iii) Successfully complete at least eight hours of training specific to the provision of adult services that includes, but is not limited to:

(a) Skill building in vocational assessment, ongoing job supports, task analysis, job-seeking skills, on-the-job instruction and support, developing natural supports, identifying community resources, personal adjustment, work adjustment, and vocational planning; and

(b)Self-determination which includes assisting the individual to develop self-advocacy skills, to exercise his or her civil rights, to exercise control and responsibility over the services he or she receives, and to acquire skills that enable him or her to become more independent, productive, and integrated within the community.

(d) Commencing in the second year of employment as an adult services worker, the employee shall annually complete at least eight hours of continuing professional education.

(e) A superintendent may renew the adult services worker certification for a second period of five years for an employee who meets the following requirements:

(i) The employee shall have successfully completed or provide evidence of having successfully completed the "Ohio Alliance of Direct Support Professionals Professional Advancement Through Training and Education in Human Services (PATHS) Certificate of Initial Proficiency" program or the orientation program described in paragraph (C)(1)(b)(ii) of this rule;

(ii) The employee shall have successfully completed at least eight hours of training specific to the provision of adult services described in paragraph (C)(1)(c)(iii) of this rule; and

(iii) The employee shall have successfully completed at least forty hours of continuing professional education during the period of the initial adult services worker certification. The training described in paragraphs (C)(1)(b)(ii), (C)(1)(c)(iii), and (E) of this rule may be counted toward the forty hours.

(f) A superintendent may renew the adult services worker certification for subsequent periods of five years provided the employee has successfully completed at least forty hours of continuing professional education during the period of the preceding adult services worker certification. The training described in paragraph (E) of this rule may be counted toward the forty hours.

(2) Adult services supervisor

(a) A superintendent may issue adult services supervisor certification for an initial period of five years to an employee of the county board who:

(i) Is at least eighteen years of age;

(ii) Holds a high school diploma or general education development certificate; and

(iii) Has either:

(a) A bachelor's degree or graduate-level degree from an accredited college or university; or

(b)At least four years of full-time (or equivalent part-time), supervised, paid work experience in programs or services for individuals with developmental disabilities.

(b) Within ninety days of employment as an adult services supervisor, the employee shall successfully complete or provide evidence of having successfully completed either:

(i) The "Ohio Alliance of Direct Support Professionals Professional Advancement Through Training and Education in Human Services (PATHS) Certificate of Initial Proficiency" program; or

(ii) The orientation program described in paragraph (C)(1)(b)(ii) of this rule.

(c) During the first year of employment as an adult services supervisor, the employee shall successfully complete at least eight hours of training specific to the supervision of adult services that includes, but is not limited to:

(i) Skill building in vocational assessment, ongoing job supports, task analysis, job-seeking skills, on-the-job instruction and support, developing natural supports, identifying community resources, personal adjustment, work adjustment, and vocational planning; and

(ii) Self-determination which includes assisting the individual to develop self-advocacy skills, to exercise his or her civil rights, to exercise control and responsibility over the services he or she receives, and to acquire skills that enable him or her to become more independent, productive, and integrated within the community.

(d) Commencing in the second year of employment as an adult services supervisor, the employee shall annually complete at least fifteen hours of continuing professional education.

(e) A superintendent may renew the adult services supervisor certification for a second period of five years for an employee who meets the following requirements:

(i) The employee shall have successfully completed or provide evidence of having successfully completed the "Ohio Alliance of Direct Support Professionals Professional Advancement Through Training and Education in Human Services (PATHS) Certificate of Initial Proficiency" program or the orientation program described in paragraph (C)(1)(b)(ii) of this rule;

(ii) The employee shall have successfully completed at least eight hours of training specific to the supervision of adult services described in paragraph (C)(2)(c) of this rule; and

(iii) The employee shall have successfully completed at least seventy-five hours of continuing professional education during the period of the initial adult services supervisor certification. The training described in paragraphs (C)(2)(b)(ii), (C)(2)(c), and (E) of this rule may be counted toward the seventy-five hours.

(f) A superintendent may renew the adult services supervisor certification for subsequent periods of five years provided the employee has successfully completed at least seventy-five hours of continuing professional education during the period of the preceding adult services supervisor certification. The training described in paragraph (E) of this rule may be counted toward the seventy-five hours.

(D) Written plan of training priorities

The superintendent shall ensure that a written plan identifying training priorities for employees who hold adult services worker and adult services supervisor certification is developed and implemented. The training priorities shall be consistent with the needs of individuals served, best practice, and the county board's mission, vision, and strategic plan. The written plan of training priorities shall describe the method (e.g., written test, skills demonstration, or documented observation by supervisor) that will be used to establish employees' competency in areas of training. The written plan of training priorities shall be updated at least once every twelve months and shall identify who is responsible for arranging or providing the training and projected timelines for completion of the training.

(E) Annual training requirements

The superintendent shall ensure that employees who hold adult services worker and adult services supervisor certification annually complete training in accordance with the written plan of training priorities. The training may be structured or unstructured and may include, but is not limited to, lectures, seminars, formal coursework, workshops, conferences, demonstrations, visitations or observations of other facilities/services/programs, distance and other means of electronic learning, video and audio-visual training, and staff meetings. The training shall enhance the skills and competencies of the employee relevant to his or her job responsibilities and shall include, but is not limited to:

(1) The provisions governing rights of individuals set forth in sections 5123.62 to 5123.64 of the Revised Code;

(2) The requirements of rule 5123:2-17-02 of the Administrative Code including a review of health and welfare alerts issued by the department since the previous year's training;

(3) The requirements relative to the employee's role in providing behavior support to the individuals he or she serves;

(4) Best practices related to the provision of adult services; and

(5) The principles of Ohio's employment first policy including community employment as the preferred option for employment, a person-centered planning process, and the path to community employment.

(F) Application fees

A superintendent may require applicants for adult services certification to pay an application fee.

(1) The application fee for adult services worker certification shall not exceed thirty dollars.

(2) The application fee for adult services supervisor certification shall not exceed seventy-five dollars.

(G) Reciprocity

(1) A superintendent shall accept as valid adult services certification issued in accordance with this rule by the superintendent of another county board.

(2) A superintendent shall accept as valid continuing professional education approved by the department or the superintendent of another county board in accordance with this rule.

(H) Adult services registrations and certifications issued prior to the effective date of this rule

(1) Substitute grade, temporary grade, provisional grade, and professional grade adult services registrations and certifications issued prior to the effective date of this rule shall remain in effect until their assigned expiration dates. No additional substitute grade, temporary grade, provisional grade, or professional grade adult services registrations or certifications shall be issued on or after the effective date of this rule.

(2) An employee of a county board who, on the effective date of this rule, holds substitute grade, temporary grade, provisional grade, or professional grade adult services registered service level registration or temporary grade, provisional grade, or professional grade adult services specialist level certification issued prior to the effective date of this rule shall be eligible for adult services worker certification and shall not be compelled to meet the requirements set forth in paragraphs (C)(1)(b), (C)(1)(c), (C)(1)(d), and (C)(1)(e) of this rule provided the employee applies for the adult services worker certification prior to expiration of the adult services registered service level registration or adult services specialist level certification. Renewal of the employee's adult services worker certification shall be in accordance with paragraph (C)(1)(f) of this rule.

(3) An employee of a county board who, on the effective date of this rule, holds temporary grade, provisional grade, or professional grade adult services management one level registration, adult services management two level certification, or adult services management three level certification issued prior to the effective date of this rule shall be eligible for adult services supervisor certification and shall not be compelled to meet the requirements set forth in paragraphs (C)(2)(a)(iii), (C)(2)(b), (C)(2)(c), (C)(2)(d), or (C)(2)(e) of this rule provided the employee applies for the adult services supervisor certification prior to expiration of the adult services management one level registration, adult services management two level certification, or adult services management three level certification. Renewal of the employee's adult services supervisor certification shall be in accordance with paragraph (C)(2)(f) of this rule.

(I) Renewal of expired adult services certification

(1) Adult services worker certifications and adult services supervisor certifications issued on or after the effective date of this rule which have been expired for less than one year may be renewed upon completion of all renewal requirements of the expired certification.

(2) Adult services worker certifications and adult services supervisor certifications issued on or after the effective date of this rule which have been expired for one year or more shall not be renewed; the applicant shall be required to meet the requirements for initial adult services worker certification or adult services supervisor certification, as applicable, pursuant to paragraph (C) of this rule.

(J) Administrative review

An applicant for adult services certification whose application 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 superintendent or the superintendent's designee.

(K) Denial, suspension, or revocation

Adult services certification is subject to denial, suspension, or revocation in accordance with rule 5123:2-5-04 of the Administrative Code.

Replaces: 5123:2-5-01

Effective: 07/04/2013
R.C. 119.032 review dates: 07/04/2018
Promulgated Under: 119.03
Statutory Authority: 5123.04 , 5126.25
Rule Amplifies: 5123.04 , 5126.25
Prior Effective Dates: 04/24/1978, 05/14/1979, 01/25/1982, 05/19/1991, 01/12/1996, 07/01/2005

5123:2-5-02 Service and support administration certification standards.

(A) Purpose

The purpose of this rule is to establish minimum qualifications through certification standards for staff employed in service and support administration positions at county boards of developmental disabilities. These standards shall apply to persons, directly providing or supervising the provision of service and support administration, who are employed by county boards of developmental disabilities and by entities under contract with county boards of developmental disabilities to provide or supervise the provision of service and support administration.

(B) Definitions

(1) "Accredited 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.

(2) "Continuing professional education" means training approved by the department or a superintendent required for renewal of service and support administrator and service and support administration supervisor certification.

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

(4) "Department" means the Ohio department of developmental disabilities.

(5) "Service and support administration" has the same meaning as in rule 5123:2-1-11 of the Administrative Code.

(6) "Superintendent" means a person certified by the department in accordance with rule 5123:2-5-03 of the Administrative Code and employed in that capacity by a county board or for purposes of issuing certifications and/or approving continuing professional education in accordance with this rule, a person who is authorized in writing by the superintendent to perform those functions.

(C) Description

There are two levels of service and support administration certification:

(1) Service and support administrator

(a) A superintendent may issue service and support administrator certification for an initial period of five years to an applicant who holds an associate's degree, bachelor's degree, or graduate-level degree from an accredited college or university. Pursuant to sections 5126.15 and 5126.201 of the Revised Code, a person holding an associate's degree shall be a conditional status service and support administrator and shall perform the duties of service and support administration only under the supervision of a management employee who is a service and support administration supervisor.

(b) Within ninety days of employment as a service and support administrator, the employee shall successfully complete or provide evidence of having successfully completed either:

(i) The "Ohio Alliance of Direct Support Professionals Professional Advancement Through Training and Education in Human Services (PATHS) Certificate of Initial Proficiency" program; or

(ii) An orientation program of at least eight hours that addresses, but is not limited to:

(a) Organizational background of the county board or contracting entity, including:

(i) Mission, vision, values, principles, and goals;

(ii) Organizational structure;

(iii) Key policies, procedures, and work rules;

(iv) Ethical and professional conduct and practice;

(v) Avoiding conflicts of interest; and

(vi) Working effectively with individuals, families, and other team members.

(b) Components of quality care for individuals served, including:

(i) Interpersonal relationships and trust;

(ii) Cultural and personal sensitivity;

(iii) Effective communication;

(iv) Person-centered philosophy and practice;

(v) Development of individual service plans;

(vi) Roles and responsibilities of team members; and

(vii) Recordkeeping including progress notes and incident/accident reports.

(c) Health and safety, including:

(i) Signs and symptoms of illness or injury and procedure for response;

(ii) Building/site-specific emergency response plans; and

(iii) Program-specific transportation safety.

(d) Positive behavior support, including:

(i) Principles of positive intervention culture;

(ii) Role of service and support administrator in creating a positive culture;

(iii) General requirements for behavior support plans and intervention strategies and service and support administrator's role including documentation;

(iv) Behavior support review and human rights committees; and

(v) Crisis intervention techniques.

(e) Services that comprise service and support administration.

(c) During the first year of employment as a service and support administrator, the employee shall successfully complete at least eight hours of training specific to the provision of service and support administration that includes, but is not limited to:

(i) Eligibility determination;

(ii) Assessment and evaluation;

(iii) Development of individual service plans;

(iv) Establishing individual budgets;

(v) Free choice of provider;

(vi) Effective service coordination;

(vii) Monitoring;

(viii) Team processes;

(ix) Administration of medicaid waivers;

(x) Management of individuals' funds and related documentation requirements; and

(xi) Self-determination which includes assisting the individual to develop self-advocacy skills, to exercise his or her civil rights, to exercise control and responsibility over the services he or she receives, and to acquire skills that enable him or her to become more independent, productive, and integrated within the community.

(d) A superintendent may renew the service and support administrator certification for a second period of five years for an applicant who meets the following requirements:

(i) The applicant shall have successfully completed or provide evidence of having successfully completed the "Ohio Alliance of Direct Support Professionals Professional Advancement Through Training and Education in Human Services (PATHS) Certificate of Initial Proficiency" program or the orientation program described in paragraph (C)(1)(b)(ii) of this rule;

(ii) The applicant shall have successfully completed at least eight hours of training specific to the provision of service and support administration described in paragraph (C)(1)(c) of this rule; and

(iii) The applicant shall have successfully completed at least sixty hours of continuing professional education during the period of the initial service and support administrator certification. The training described in paragraphs (C)(1)(b)(ii), (C)(1)(c), and (D) of this rule may be counted toward the sixty hours.

(e) A superintendent may renew the service and support administrator certification for subsequent periods of five years provided the applicant has successfully completed at least sixty hours of continuing professional education during the period of the preceding service and support administrator certification. The training described in paragraph (D) of this rule may be counted toward the sixty hours.

(2) Service and support administration supervisor

(a) A superintendent may issue service and support administration supervisor certification for an initial period of five years to an applicant who:

(i) Holds a bachelor's degree or graduate-level degree from an accredited college or university; and

(ii) Has at least four years of full-time (or equivalent part-time), supervised, paid work experience in programs or services for individuals with developmental disabilities.

(b) Within ninety days of employment as a service and support administration supervisor, the employee shall successfully complete or provide evidence of having successfully completed either the "Ohio Alliance of Direct Support Professionals Professional Advancement Through Training and Education in Human Services (PATHS) Certificate of Initial Proficiency" program or the orientation program described in paragraph (C)(1)(b)(ii) of this rule.

(c) During the first year of employment as a service and support administration supervisor, the employee shall successfully complete at least eight hours of training specific to the supervision of service and support administration that includes, but is not limited to the topics set forth in paragraph (C)(1)(c) of this rule.

(d) A superintendent may renew the service and support administration supervisor certification for a second period of five years for an applicant who meets the following requirements:

(i) The applicant shall have successfully completed or provide evidence of having successfully completed the "Ohio Alliance of Direct Support Professionals Professional Advancement Through Training and Education in Human Services (PATHS) Certificate of Initial Proficiency" program or the orientation program described in paragraph (C)(1)(b)(ii) of this rule;

(ii) The applicant shall have successfully completed at least eight hours of training specific to the supervision of service and support administration described in paragraph (C)(2)(c) of this rule; and

(iii) The applicant shall have successfully completed at least seventy-five hours of continuing professional education during the period of the initial service and support administration supervisor certification. The training described in paragraphs (C)(1)(b)(ii), (C)(2)(c), and (D) of this rule may be counted toward the seventy-five hours.

(e) A superintendent may renew the service and support administration supervisor certification for subsequent periods of five years provided the applicant has successfully completed at least seventy-five hours of continuing professional education during the period of the preceding service and support administration supervisor certification. The training described in paragraph (D) of this rule may be counted toward the seventy-five hours.

(D) Annual training requirements

The superintendent shall ensure that service and support administrators, service and support administration supervisors, and staff of entities under contract for the provision or supervision of service and support administration annually complete training in:

(1) The provisions governing rights of individuals set forth in sections 5123.62 to 5123.64 of the Revised Code;

(2) The requirements of rule 5123:2-17-02 of the Administrative Code including a review of health and welfare alerts issued by the department since the previous year's training; and

(3) Best practices related to the provision of service and support administration.

(E) Application fees

A superintendent may require applicants for service and support administration certification to pay an application fee.

(1) The application fee for service and support administrator certification shall not exceed fifty dollars.

(2) The application fee for service and support administration supervisor certification shall not exceed seventy-five dollars.

(F) Reciprocity

(1) A superintendent shall accept as valid service and support administration certification issued in accordance with this rule by the superintendent of another county board.

(2) A superintendent shall accept as valid continuing professional education approved by the department or the superintendent of another county board in accordance with this rule.

(G) Service and support administration registrations and certifications issued prior to the effective date of this rule

(1) Temporary grade, provisional grade, and professional grade service and support administration registrations and certifications issued prior to the effective date of this rule shall remain in effect until their assigned expiration dates. No additional temporary grade, provisional grade, or professional grade service and support administration registrations or certifications shall be issued on or after the effective date of this rule.

(2) An employee or contractor of a county board who, on the effective date of this rule, holds temporary grade, provisional grade, or professional grade service and support administration specialist one level certification or service and support administration specialist two level certification issued prior to the effective date of this rule shall be eligible for service and support administrator certification and shall not be compelled to meet the requirements set forth in paragraph (C)(1)(b), (C)(1)(c), or (C)(1)(d) of this rule provided the employee or contractor applies for the service and support administrator certification prior to expiration of the service and support administration specialist one level certification or service and support administration specialist two level certification. Renewal of the employee's/contractor's service and support administrator certification shall be in accordance with paragraph (C)(1)(e) of this rule.

(3) An employee or contractor of a county board who, on the effective date of this rule, holds temporary grade, provisional grade, or professional grade service and support administration management two level certification or service and support administration management three level certification issued prior to the effective date of this rule shall be eligible for service and support administration supervisor certification and shall not be compelled to meet the requirements set forth in paragraph (C)(2)(a)(ii), (C)(2)(b), (C)(2)(c), or (C)(2)(d) of this rule provided the employee or contractor applies for the service and support administration supervisor certification prior to expiration of the service and support administration management two level certification or service and support administration management three level certification. Renewal of the employee's/contractor's service and support administration supervisor certification shall be in accordance with paragraph (C)(2)(e) of this rule.

(H) Renewal of expired service and support administration certification

(1) Service and support administrator certifications and service and support administration supervisor certifications issued on or after the effective date of this rule which have been expired for less than one year may be renewed upon completion of all renewal requirements of the expired certification.

(2) Service and support administrator certifications and service and support administration supervisor certifications issued on or after the effective date of this rule which have been expired for one year or more shall not be renewed; the applicant shall be required to meet the requirements for initial service and support administrator certification or service and support administration supervisor certification, as applicable, pursuant to paragraph (C) of this rule.

(I) Administrative review

An applicant for service and support administration certification whose application 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 superintendent or the superintendent's designee.

(J) Denial, suspension, or revocation

Service and support administration certification is subject to denial, suspension, or revocation in accordance with rule 5123:2-5-04 of the Administrative Code.

Replaces: 5123:2-5-02

Effective: 07/04/2013
R.C. 119.032 review dates: 07/04/2018
Promulgated Under: 119.03
Statutory Authority: 5123.04 , 5126.25
Rule Amplifies: 5123.04 , 5126.201 , 5126.25
Prior Effective Dates: 04/24/1978, 05/14/1979, 01/25/1982, 05/19/1991, 01/12/1996, 07/01/2005

5123:2-5-03 Superintendent certification standards.

(A) Purpose

The purpose of this rule is to establish minimum qualifications through certification standards for superintendents of county boards of developmental disabilities. These standards apply to persons who are employed or under contract in the position of superintendent of a county board of developmental disabilities.

(B) Definitions

(1) "Accredited 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.

(2) "Advanced curriculum for administrators in Ohio's developmental disabilities service delivery system" means department-approved instruction of at least one hundred hours that shall address, but is not limited to, the following topics:

(a) Budgeting/finance for governmental entities;

(b) Communication and public relations;

(c) Ethical conduct;

(d) Information technology management;

(e) Intergovernmental relations;

(f) Legal environment of public administration;

(g) Medicaid home and community-based services waivers;

(h) Public sector human resources management;

(i) Quality assurance;

(j) Self-advocacy; and

(k) Strategic planning, management, and implementation.

(3) "Continuing professional education" means department-approved training required for renewal of superintendent 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 department or his or her designee.

(C) Description

(1) Initial certification

(a) There are two alternatives for obtaining initial superintendent certification:

(i) Alternative one

(a)The department shall issue initial superintendent certification for a term of three years to an applicant who meets the following requirements:

(i) The applicant shall have an offer of employment in the position of superintendent, as evidenced by a resolution adopted by the employing county board;

(ii) The applicant shall hold a master's degree, a doctorate degree, or a juris doctorate degree from an accredited college or university; and

(iii) The applicant shall have completed five years of full-time (or equivalent part-time), supervised, paid work experience in administration, supervision, instruction, or habilitation of individuals with developmental disabilities, including three years in a management or supervisory capacity.

(b) During the effective dates of the initial superintendent certification, the applicant shall successfully complete an advanced curriculum for administrators in Ohio's developmental disabilities service delivery system.

(ii) Alternative two

(a) The department shall issue initial superintendent certification for a term of five years to an applicant who meets the following requirements:

(i) The applicant shall hold a master's degree, a doctorate degree, or a juris doctorate degree from an accredited college or university;

(ii) The applicant shall have completed five years of full-time (or equivalent part-time), supervised, paid work experience in administration, supervision, instruction, or habilitation of individuals with developmental disabilities, including three years in a management or supervisory capacity; and

(iii) The applicant shall have successfully completed an advanced curriculum for administrators in Ohio's developmental disabilities service delivery system.

(b) During the effective dates of the initial superintendent certification, the applicant shall successfully complete one hundred twenty hours of continuing professional education.

(b) When requested by a resolution adopted by a county board and with accompanying rationale, the director may waive the requirement set forth in paragraph (C)(1)(a)(i)(a)(iii) of this rule. The director's decision to grant or deny a request is final and may not be appealed.

(c) When requested in writing by an applicant and with accompanying rationale, the director may waive the requirement for the applicant to complete one or more topics of the advanced curriculum for administrators in Ohio's developmental disabilities service delivery system set forth in paragraph (B)(2) of this rule. The director's decision to grant or deny a request is final and may not be appealed. The director's decision to grant a request does not relieve the applicant of the requirement to complete an advanced curriculum for administrators in Ohio's developmental disabilities service delivery system of at least one hundred hours of instruction.

(2) First renewal of certification

(a) The department shall renew the superintendent certification of an applicant who received initial superintendent certification in accordance with paragraph (C)(1)(a)(i) of this rule for a term of five years provided the applicant successfully completed an advanced curriculum for administrators in Ohio's developmental disabilities service delivery system during the effective dates of his or her initial superintendent certification.

(b) The department shall renew the superintendent certification of an applicant who received initial superintendent certification in accordance with paragraph (C)(1)(a)(ii) of this rule for a term of five years provided the applicant successfully completed one hundred twenty hours of continuing professional education during the effective dates of his or her initial superintendent certification.

(3) Subsequent renewal of certification

The department shall subsequently renew an applicant's superintendent certification for a term of five years provided the applicant successfully completed one hundred twenty hours of continuing professional education during the effective dates of the superintendent certification being renewed.

(D) Professional development plan

Each superintendent of a county board shall have a professional development plan which sets forth timelines for completing an advanced curriculum for administrators in Ohio's developmental disabilities service delivery system and/or continuing professional education, as applicable. The professional development plan shall require that continuing professional education be completed across the span of the superintendent's certification. The employing county board shall approve the superintendent's initial professional development plan within ninety days of the superintendent's hire. Thereafter, the employing county board shall review, update, and approve the superintendent's professional development plan at least once per year.

(E) Temporary grade, provisional grade, and professional grade superintendent certifications issued prior to the effective date of this rule

(1) Temporary grade, provisional grade, and professional grade superintendent certifications issued prior to the effective date of this rule shall remain in effect until their assigned expiration dates. No additional temporary grade, provisional grade, or professional grade superintendent certifications shall be issued subsequent to the effective date of this rule.

(2) Temporary grade, provisional grade, and professional grade assistant superintendent certifications issued prior to the effective date of this rule shall remain in effect until their assigned expiration dates. No additional assistant superintendent certifications shall be issued subsequent to the effective date of this rule.

(3) An applicant who held, upon the effective date of this rule, valid temporary grade option one superintendent certification obtained in accordance with paragraph (D)(1)(a) of rule 5123:2-5-03 of the Administrative Code as it existed prior to the effective date of this rule and who submits an application to the department prior to expiration of the temporary grade option one superintendent certification, shall be afforded no less than three years from the expiration date of the temporary grade option one superintendent certification to either complete the requirements for provisional grade option one superintendent certification in accordance with paragraph (D)(1)(b) of rule 5123:2-5-03 of the Administrative Code as it existed prior to the effective date of this rule or complete an advanced curriculum for administrators in Ohio's developmental disabilities service delivery system.

(4) An applicant who held, upon the effective date of this rule, valid provisional grade superintendent certification issued prior to the effective date of this rule and who submits an application to the department prior to expiration of the provisional grade superintendent certification, may receive renewal superintendent certification provided the applicant has successfully completed one hundred twenty hours of continuing professional education subsequent to the effective date of the provisional grade superintendent certification.

(5) An applicant who held, upon the effective date of this rule, valid professional grade superintendent certification issued prior to the effective date of this rule and who submits an application to the department prior to expiration of the professional grade superintendent certification, may receive renewal superintendent certification provided the applicant has successfully completed two hundred forty hours of continuing professional education subsequent to the effective date of the professional grade superintendent certification.

(6) Renewal of superintendent certification issued subsequent to the effective date of this rule shall be for a term of no more than five years.

(F) Renewal of expired superintendent certification

(1) An applicant who held provisional grade superintendent certification issued prior to the effective date of this rule that has expired for less than one year may receive renewal superintendent certification provided he or she has successfully completed one hundred twenty hours of continuing professional education subsequent to the effective date of the provisional grade superintendent certification.

(2) An applicant who held professional grade superintendent certification issued prior to the effective date of this rule that has expired for less than one year may receive renewal superintendent certification provided he or she has successfully completed two hundred forty hours of continuing professional education subsequent to the effective date of the professional grade superintendent certification.

(3) An applicant who held superintendent certification issued subsequent to the effective date of this rule in accordance with paragraph (C)(1)(a)(ii)(a) of this rule that has expired for less than one year may receive renewal superintendent certification provided he or she has successfully completed one hundred twenty hours of continuing professional education subsequent to the effective date of the superintendent certification.

(4) An applicant who held superintendent certification that has been expired for one year or more shall be required to meet the standards for initial superintendent certification in accordance with paragraph (C)(1)(a) of this rule.

(G) Administrative review

An applicant for superintendent certification whose application 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

(1) The director shall deny, suspend, or revoke superintendent certification or assistant superintendent certification if he or she finds, pursuant to an adjudication conducted in accordance with Chapter 119. of the Revised Code, that the applicant for or holder of superintendent certification or assistant superintendent certification has engaged in an immoral act, incompetence, negligence, or conduct that is unbecoming to the applicant's or holder's position.

(2) Except as provided in paragraph (H)(3) of this rule, the director shall deny or revoke a certification if he or she finds, pursuant to an adjudication conducted in accordance with Chapter 119. of the Revised Code, that the applicant for or holder of superintendent certification or assistant superintendent certification:

(a) Has been convicted of or pleaded guilty to any of the disqualifying offenses listed or described in paragraph (E)(1)(a) of rule 5123:2-2-02 of the Administrative Code;

(b) Has been convicted of or pleaded guilty to any of the disqualifying offenses listed or described in paragraph (E)(1)(b) of rule 5123:2-2-02 of the Administrative Code if a period of ten years has not elapsed from the date the applicant was fully discharged from imprisonment, probation, and parole;

(c) Has been convicted of or pleaded guilty to any of the disqualifying offenses listed or described in paragraph (E)(1)(c) of rule 5123:2-2-02 of the Administrative Code if a period of seven years has not elapsed from the date the applicant was fully discharged from imprisonment, probation, and parole;

(d) Has been convicted of or pleaded guilty to any of the disqualifying offenses listed or described in paragraph (E)(1)(d) of rule 5123:2-2-02 of the Administrative Code if a period of five years has not elapsed from the date the applicant was fully discharged from imprisonment, probation, and parole;

(e) Has been convicted of or pleaded guilty to multiple disqualifying offenses if the applicable period of time in accordance with paragraph (E)(2) of rule 5123:2-2-02 of the Administrative Code has not elapsed from the date the applicant was fully discharged from imprisonment, probation, and parole; or

(f) Has been included in one or more of the databases listed in paragraphs (C)(2)(a) to (C)(2)(e) of rule 5123:2-2-02 of the Administrative Code.

(3) A conviction of or a plea of guilty to an offense listed or described in paragraphs (E)(1)(a) to (E)(1)(d) of rule 5123:2-2-02 of the Administrative Code shall not constitute grounds for the denial or revocation of superintendent certification or assistant superintendent certification if the requirements contained in paragraph (F) of rule 5123:2-2-02 of the Administrative Code are met.

(4) Applicants for or holders of superintendent certification or assistant superintendent certification shall disclose a conviction that has been sealed.

Replaces: 5123:2-5-03

Effective: 07/04/2013
R.C. 119.032 review dates: 07/04/2018
Promulgated Under: 119.03
Statutory Authority: 5123.04 , 5126.25
Rule Amplifies: 5123.04 , 5123.081 , 5126.25
Prior Effective Dates: 09/23/1982, 02/06/1992, 05/16/1999, 04/05/2001, 06/10/2005, 02/01/2007

5123:2-5-04 Denial, suspension, and revocation of registration and certification.

(A) This rule applies to applicants for and holders of adult services, early intervention, and service and support administration registration and certification.

(B) Definitions

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

(2) "Disqualifying offense" means any of the offenses listed or described in divisions (A)(3)(a) to (A)(3)(e) of section 109.572 of the Revised Code.

(3) "Superintendent" means a person certified by the department in accordance with rule 5123:2-5-03 of the Administrative Code and employed in that capacity by a county board.

(C) A superintendent shall deny, suspend, or revoke a registration or certification if he or she finds, pursuant to an adjudication, that the applicant for or holder of the registration or certification has engaged in an immoral act, incompetence, negligence, or conduct that is unbecoming to the applicant's or holder's position.

(D) Except as provided in paragraph (E) of this rule, a superintendent shall deny or revoke a registration or certification if he or she finds, pursuant to an adjudication, that the applicant for or holder of the registration or certification:

(1) Has been convicted of or pleaded guilty to any of the disqualifying offenses listed or described in paragraph (E)(1)(a) of rule 5123:2-2-02 of the Administrative Code;

(2) Has been convicted of or pleaded guilty to any of the disqualifying offenses listed or described in paragraph (E)(1)(b) of rule 5123:2-2-02 of the Administrative Code if a period of ten years has not elapsed from the date the applicant or holder was fully discharged from imprisonment, probation, and parole;

(3) Has been convicted of or pleaded guilty to any of the disqualifying offenses listed or described in paragraph (E)(1)(c) of rule 5123:2-2-02 of the Administrative Code if a period of seven years has not elapsed from the date the applicant or holder was fully discharged from imprisonment, probation, and parole;

(4) Has been convicted of or pleaded guilty to any of the disqualifying offenses listed or described in paragraph (E)(1)(d) of rule 5123:2-2-02 of the Administrative Code if a period of five years has not elapsed from the date the applicant or holder was fully discharged from imprisonment, probation, and parole;

(5) Has been convicted of or pleaded guilty to multiple disqualifying offenses if the applicable period of time in accordance with paragraph (E)(2) of rule 5123:2-2-02 of the Administrative Code has not elapsed from the date the applicant or holder was fully discharged from imprisonment, probation, and parole; or

(6) Has been included in one or more of the databases listed in paragraphs (C)(2)(a) to (C)(2)(e) of rule 5123:2-2-02 of the Administrative Code.

(E) A conviction of or a plea of guilty to an offense listed or described in paragraphs (E)(1)(a) to (E)(1)(d) of rule 5123:2-2-02 of the Administrative Code shall not constitute grounds for the denial or revocation of a registration or certification if the requirements set forth in paragraph (F) of rule 5123:2-2-02 of the Administrative Code are met.

(F) Applicants for or holders of registration or certification shall disclose a conviction that has been sealed.

(G) Adjudication procedure

(1) The superintendent shall notify an applicant for or holder of registration or certification in writing of his or her intent to deny, suspend, or revoke the applicant's or holder's registration or certification. The notice shall contain the following information:

(a) The right of the applicant for or holder of registration or certification to request a hearing within thirty days of the date of the notice.

(b) A statement that the applicant for or holder of registration or certification may appear in person or through an attorney.

(c) A statement that the applicant for or holder of registration or certification or his or her attorney may:

(i) Present the applicant's or holder's position, arguments, or contentions entirely in writing; or

(ii) If a hearing is requested, at the hearing may present evidence and examine witnesses appearing for and against them.

(d) That the failure to request a hearing shall result in the denial, suspension, or revocation of the registration or certification.

(2) If the applicant for or holder of registration or certification timely requests a hearing, the superintendent shall appoint a hearing examiner to conduct the hearing. The hearing examiner shall not be an employee of the county board.

The hearing examiner shall be admitted to the practice of law and possessed of such qualifications as to be able to render a neutral and informed decision.

(3) The hearing examiner shall notify the applicant for or holder of registration or certification of the time, date, and place of the hearing. If the applicant for or holder of registration or certification is unable to attend the hearing as scheduled, the applicant or holder may request that the hearing be rescheduled. The hearing examiner shall determine if rescheduling the hearing is warranted and shall make efforts to schedule the hearing at a time, date, and place mutually convenient.

(4) At least fifteen days prior to the date set for the hearing upon request by either party, the superintendent and the applicant for or holder of registration or certification shall exchange witness lists and lists of exhibits to be introduced at the hearing. The hearing examiner may extend the time for good cause shown.

(5) Both parties may be present at the hearing, be represented by counsel, require witnesses to be under oath, cross-examine witnesses, take a record of the proceedings, and require the presence of witnesses in their behalf upon subpoena to be issued by the superintendent. The superintendent shall provide for a complete stenographic record of the proceedings, and upon request, a copy of the record shall be furnished to the applicant for or holder of registration or certification at no cost.

(6) The hearing examiner shall issue a written report and recommendation setting forth findings of fact, conclusions of law, and a recommendation for the superintendent within ten calendar days of the hearing. The report and recommendation shall be served upon the applicant for or holder of registration or certification or his or her attorney.

(7) Within ten days of receipt of the report and recommendation, the applicant may file written objections with the superintendent. The superintendent shall issue a decision and serve upon the applicant for or holder of registration or certification and the applicant's or holder's attorney. The superintendent's decision is final.

Replaces: 5123:2-5-04

Effective: 07/25/2013
R.C. 119.032 review dates: 07/25/2018
Promulgated Under: 119.03
Statutory Authority: 5123.04 , 5126.25
Rule Amplifies: 5123.04 , 5123.081 , 5126.25
Prior Effective Dates: 03/19/1987, 01/12/1996, 10/10/2002

5123:2-5-05 Early intervention services certification standards.

(A) Purpose

The purpose of this rule is to establish minimum qualifications through certification standards for staff employed in early intervention services positions at county boards of developmental disabilities. These standards shall apply to persons, directly providing or supervising the provision of early intervention services, who are employed by county boards of developmental disabilities and by entities under contract with county boards of developmental disabilities to provide or supervise the provision of early intervention services.

(B) Definitions

(1) "Accredited 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.

(2) "College course" means department-approved instruction of at least two semester hours or three quarter hours of credit provided by an accredited college or university.

(3) "Continuing professional education" means department-approved training required for renewal of early intervention specialist and early intervention supervisor certification.

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

(5) "Early intervention service provider" means any entity or individual that provides early intervention services, whether or not the entity or individual receives federal funding under the Individuals with Disabilities Education Act, 34 C.F.R. part 303 (September 2011).

(6) "Early intervention services" means developmental services selected in collaboration with the parents of an infant or toddler birth through age two, and designed to meet the developmental needs of the infant or toddler and the needs of the family to assist appropriately in the infant's or toddler's development as identified by the individual family service planning team.

(7) "Early intervention specialist" means a professional trained to develop and implement strategies and interventions, which may include, but are not limited to, the special instruction identified in the Individuals with Disabilities Education Act, 34 C.F.R. part 303 (September 2011) as follows:

(a) Design of learning environments and activities that promote a child's acquisition of skills in a variety of developmental areas, including cognitive processes and social interaction;

(b) Curriculum planning, including the planned interaction of personnel, materials, and time and space, that leads to achieving outcomes identified in an individual family service plan;

(c) Providing families with information, skills, and support related to enhancing the skill development of a child; and

(d) Working with a child to enhance the child's development.

(8) "Early intervention supervisor" means a person who supervises early intervention service providers.

(9) "Department" means the Ohio department of developmental disabilities.

(10) "Seminar" means department-approved instruction of a minimum of thirty hours that is:

(a) Provided by a department-approved instructor who holds a master's degree or doctorate degree in early childhood education, special education, or a closely related field and who possesses in-depth knowledge related to the content area of the seminar;

(b) Formulated on current evidence-based practices and conforming to part C of the Individuals with Disabilities Education Act, 34 C.F.R. part 303 (September 2011) and state early intervention services requirements;

(c) Structured in accordance with principles of adult learning; and

(d) Based on peer-reviewed literature and research.

(11) "Superintendent" means a person certified by the department in accordance with rule 5123:2-5-03 of the Administrative Code and employed in that capacity by a county board or for purposes of issuing certifications in accordance with this rule, a person who is authorized in writing by the superintendent to perform that function.

(C) Description

There are two levels of early intervention services certification:

(1) Early intervention specialist

(a) One-year certification

(i) A superintendent may issue early intervention specialist certification for an initial period of one year to an applicant who:

(a) Is employed by or under contract with the county board; and

(b)Meets one of the following:

(i) Holds a bachelor's degree or graduate-level degree in education, health, social or behavioral science, social services, human services, or other related field from an accredited college or university; or

(ii) Holds a bachelor's degree or graduate-level degree in an unrelated field from an accredited college or university and has at least two years of full-time (or equivalent part-time), supervised, paid experience working with children birth through age five with disabilities, developmental delays, or diagnosed physical or mental conditions that have a high probability of resulting in a developmental delay and their families; or

(iii) Holds a valid license in counseling; early childhood education for ages three through eight, grades kindergarten through third, or special education; hearing impairment intervention; medicine; nursing; occupational therapy; physical therapy; psychology; psychiatry; social work; speech-language pathology; or visual impairment intervention.

(ii) The superintendent may renew the early intervention specialist certification of an employee of the county board for subsequent periods of one year for an employee who has successfully completed at least one of the college courses/seminars specified in paragraph (C)(1)(b)(i)(b) of this rule during the period of the preceding early intervention specialist certification.

(b) Five-year certification

(i) A superintendent may issue early intervention specialist certification for an initial period of five years to an applicant who:

(a) Meets one of the following:

(i) Holds a bachelor's degree or graduate-level degree in education, health, social or behavioral science, social services, human services, or other related field from an accredited college or university; or

(ii) Holds a bachelor's degree or graduate-level degree in an unrelated field from an accredited college or university and has at least two years of full-time (or equivalent part-time), supervised, paid experience working with children birth through age five with disabilities, developmental delays, or diagnosed physical or mental conditions that have a high probability of resulting in a developmental delay and their families; or

(iii) Holds a valid license in counseling; early childhood education for ages three through eight, grades kindergarten through third, or special education; hearing impairment intervention; medicine; nursing; occupational therapy; physical therapy; psychology; psychiatry; social work; speech-language pathology; or visual impairment intervention.

(b) Has successfully completed one college course or seminar 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) When requested in writing by a superintendent or an applicant and with accompanying rationale, the department may waive the requirement for the applicant to complete a college course or seminar in one or more of the areas set forth in paragraph (C)(1)(b)(i)(b) of this rule. The department's decision to grant or deny a request is final and may not be appealed.

(c) A superintendent may renew the early intervention specialist certification of an applicant for subsequent periods of five years provided the applicant has either:

(i) Successfully completed fifty hours of continuing professional education and worked for at least four thousand hours directly providing early intervention services through individual family service plans or developing early intervention services policy and/or instructional materials during the period of the preceding early intervention specialist certification; or

(ii) Successfully completed eighty hours of continuing professional education during the period of the preceding early intervention specialist certification.

(2) Early intervention supervisor

(a) A superintendent may issue early intervention supervisor certification for an initial period of five years to an applicant who:

(i) Meets the requirements for five-year early intervention specialist certification as set forth in paragraph (C)(1)(b) of this rule;

(ii) Has successfully completed college courses in at least two of the following areas:

(a) Business, health care, public, or social agency administration;

(b) Communication and public relations;

(c) Human resources management;

(d) Information technology management;

(e) Negotiation, conflict resolution, and mediation;

(f) Organizational theory and development;

(g) Principles of leadership/supervision; or

(h) Strategic planning, management, and implementation.

(iii) Has either:

(a) At least four years of full-time (or equivalent part-time), supervised, paid experience working with children birth through age five with disabilities, developmental delays, or diagnosed physical or mental conditions that have a high probability of resulting in a developmental delay and their families; or

(b)At least two years of full-time (or equivalent part-time), supervised, paid experience working with children birth through age five with disabilities, developmental delays, or diagnosed physical or mental conditions that have a high probability of resulting in a developmental delay and their families and at least two years of full-time (or equivalent part-time) supervised, paid experience in a management or supervisory role.

(b) A superintendent may renew the early intervention supervisor certification of an applicant for subsequent periods of five years provided the applicant has either:

(i) Successfully completed seventy-five hours of continuing professional education and worked for at least four thousand hours supervising early intervention service providers, directly providing early intervention services through individual family service plans, or developing early intervention services policy and/or instructional materials during the period of the preceding early intervention supervisor certification; or

(ii) Successfully completed one hundred twenty hours of continuing professional education during the period of the preceding early intervention supervisor certification.

(D) Training requirements

The superintendent shall ensure that persons employed by or under contract with the county board to provide early intervention services or supervise early intervention service providers annually complete training in:

(1) The provisions governing rights of individuals set forth in sections 5123.62 to 5123.64 of the Revised Code; and

(2) The requirements of rule 5123:2-17-02 of the Administrative Code including a review of health and welfare alerts issued by the department since the previous year's training.

(E) Application fees

A superintendent may require applicants for early intervention services certification to pay an application fee.

(1) The application fee for one-year early intervention specialist certification or one-year special transitional early intervention supervisor certification issued in accordance with paragraph (H)(4) of this rule shall not exceed ten dollars.

(2) The application fee for five-year early intervention specialist certification shall not exceed fifty dollars.

(3) The application fee for five-year early intervention supervisor certification shall not exceed seventy-five dollars.

(F) Early intervention supervisors working less than .5 full-time equivalent

A person employed on or before December 4, 1992 as an early intervention supervisor for less than .5 full-time equivalent is not required to hold early intervention supervisor certification. A person newly employed after December 4, 1992 as an early intervention supervisor for less than .5 full-time equivalent shall possess:

(1) Early intervention supervisor certification issued in accordance with this rule; or

(2) A currently valid Ohio department of education provisional certificate in supervision with validation in early education of the handicapped or special education for children with disabilities; or

(3) A master's degree in a related field from an accredited college or university and at least five years, two of which are within the last five years, of full-time (or equivalent part-time), supervised, paid experience working with children birth through age five with disabilities, developmental delays, or diagnosed physical or mental conditions that have a high probability of resulting in a developmental delay and their families.

(G) Reciprocity

A superintendent shall accept as valid early intervention certifications issued in accordance with this rule by the superintendent of another county board.

(H) Early intervention registrations and certifications issued prior to the effective date of this rule

(1) Substitute grade, temporary grade, provisional grade, and professional grade early intervention registrations and certifications issued prior to the effective date of this rule shall remain in effect until their assigned expiration dates. No additional substitute grade, temporary grade, provisional grade, or professional grade early intervention registrations or certifications shall be issued on or after the effective date of this rule.

(2) An employee of a county board who, on the effective date of this rule, holds substitute grade or temporary grade early intervention specialist level certification issued prior to the effective date of this rule shall be eligible for one-year early intervention specialist certification. The employee shall be eligible to renew the early intervention specialist certification for periods of one year provided he or she has successfully completed at least one of the college courses/seminars specified in paragraph (C)(1)(b)(i)(b) of this rule during the period of the preceding early intervention specialist certification. Once the employee has successfully completed all of the college courses/seminars specified in paragraph (C)(1)(b)(i)(b) of this rule, he or she shall be eligible for five-year early intervention specialist certification. Renewal of the employee's five-year early intervention specialist certification shall be in accordance with paragraph (C)(1)(c) of this rule.

(3) A person who, on the effective date of this rule, holds provisional grade or professional grade early intervention specialist level certification issued prior to the effective date of this rule shall be eligible for five-year early intervention specialist certification. Renewal of the person's five-year early intervention specialist certification shall be in accordance with paragraph (C)(1)(c) of this rule.

(4) An employee of a county board who, on the effective date of this rule, holds temporary grade early intervention supervisor level certification issued prior to the effective date of this rule shall be eligible for one-year special transitional early intervention supervisor certification. The employee shall be eligible to renew the special transitional early intervention supervisor certification for periods of one year provided he or she has successfully completed at least one college course/seminar specified in paragraph (C)(1)(b)(i)(b) of this rule or one college course specified in paragraph (C)(2)(a)(ii) of this rule during the period of the preceding special transitional early intervention supervisor certification. Once the employee has successfully completed all of the college courses/seminars specified in paragraph (C)(1)(b)(i)(b) of this rule and two college courses specified in paragraph (C)(2)(a)(ii) of this rule, he or she shall be eligible for five-year early intervention supervisor certification. Renewal of the employee's five-year early intervention supervisor certification shall be in accordance with paragraph (C)(2)(b) of this rule.

(5) A person who, on the effective date of this rule, holds provisional grade or professional grade early intervention supervisor level certification issued prior to the effective date of this rule shall be eligible for five-year early intervention supervisor certification. Renewal of the person's early intervention supervisor certification shall be in accordance with paragraph (C)(2)(b) of this rule.

(I) Renewal of expired early intervention services certifications

(1) Early intervention specialist and early intervention supervisor certifications issued on or after the effective date of this rule which have been expired for less than one year may be renewed upon completion of all renewal requirements of the expired certification.

(2) Early intervention specialist and early intervention supervisor certifications issued on or after the effective date of this rule which have been expired for one year or more shall not be renewed; the applicant shall be required to meet the requirements for initial early intervention specialist or early intervention supervisor certification, as applicable, pursuant to paragraph (C) of this rule.

(J) Administrative review

An applicant for early intervention services certification whose application 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 superintendent or the superintendent's designee.

(K) Denial, suspension, or revocation

Early intervention services certification is subject to denial, suspension, or revocation in accordance with rule 5123:2-5-04 of the Administrative Code.

Replaces: 5123:2-5-05

Effective: 07/04/2013
R.C. 119.032 review dates: 07/04/2018
Promulgated Under: 119.03
Statutory Authority: 5123.04 , 5126.25
Rule Amplifies: 5123.04 , 5126.25
Prior Effective Dates: 08/27/1987, 05/13/1988, 06/09/1989, 12/04/1992, 01/01/2005

5123:2-5-06 [Rescinded] Application fees for registration and certification.

Effective: 07/04/2013
R.C. 119.032 review dates: 04/17/2013
Promulgated Under: 119.03
Statutory Authority: 5126.25
Rule Amplifies: 5126.25
Prior Effective Dates: 10/16/1992, 07/16/1999, 07/01/2005

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 of developmental disabilities to provide investigative agent services.

(B) Definitions

(1) "Accredited 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.

(2) "Continuing professional education" 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 public children services agency, the Ohio department of health, the Ohio department of job and family services, the Ohio department of medicaid, a law enforcement agency, or an entity with statutory authority to conduct civil or criminal investigations, shall be considered continuing professional education. An investigative agent who develops and conducts training approved by the department for continuing professional education 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.

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

(4) "Department" means the Ohio department of developmental disabilities.

(5) "Director" means the director of the Ohio department of developmental disabilities or his or her designee.

(6) "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 general education development certificate.

(iii) The applicant shall:

(a) Hold a bachelor's degree or graduate-level degree from an accredited college or university; or

(b)Hold an associate's degree from an accredited college or university or have achieved at least junior year standing at an accredited college or university and have successfully completed two years full-time (or part-time equivalent), supervised, paid work experience in conducting administrative, civil, and/or criminal investigations; or

(c)Hold an associate's degree from an accredited college or university or have achieved at least junior year standing at an accredited college or university and have successfully completed two years full-time (or part-time equivalent), 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 (or part-time equivalent), supervised, paid work experience in conducting administrative, civil, and/or criminal investigations; or

(e)Have successfully completed four years full-time (or part-time equivalent), 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 education 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 education, 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 general education development certificate.

(iii) The applicant shall:

(a) Hold an associate's degree from an accredited college or university or have achieved at least junior year standing at an accredited 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 (or part-time equivalent), 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 education 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 education, 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 July 23, 2012

(1) Temporary grade investigative agent certifications and provisional grade investigative agent certifications issued prior to July 23, 2012 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 July 23, 2012.

(3) A person holding valid temporary grade investigative agent certification or provisional grade investigative agent certification on July 23, 2012 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 July 23, 2012

(1) Professional grade investigative agent certifications issued prior to July 23, 2012 shall remain in effect until their assigned expiration dates.

(2) A person holding valid professional grade investigative agent certification on July 23, 2012 shall be permitted to renew the professional grade investigative agent certification provided he or she has completed one hundred hours of continuing professional education, 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 and completion of fifteen additional hours of continuing professional education.

(3) Expired temporary grade investigative agent certifications, provisional grade investigative agent certifications, and professional grade investigative agent certifications issued prior to July 23, 2012 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) Administrative review

An applicant whose application for investigative agent 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

(1) The director shall deny, suspend, or revoke investigative agent certification if he or she finds, pursuant to an adjudication conducted in accordance with Chapter 119. of the Revised Code, that the applicant for or holder of investigative agent certification has engaged in an immoral act, incompetence, negligence, or conduct that is unbecoming to the applicant's or holder's position.

(2) Except as provided in paragraph (H)(3) of this rule, the director shall deny or revoke investigative agent certification if he or she finds, pursuant to an adjudication conducted in accordance with Chapter 119. of the Revised Code, that the applicant for or holder of investigative agent certification:

(a) Has been convicted of or pleaded guilty to any of the disqualifying offenses listed or described in paragraph (E)(1)(a) of rule 5123:2-2-02 of the Administrative Code;

(b) Has been convicted of or pleaded guilty to any of the disqualifying offenses listed or described in paragraph (E)(1)(b) of rule 5123:2-2-02 of the Administrative Code if a period of ten years has not elapsed from the date the applicant was fully discharged from imprisonment, probation, and parole;

(c) Has been convicted of or pleaded guilty to any of the disqualifying offenses listed or described in paragraph (E)(1)(c) of rule 5123:2-2-02 of the Administrative Code if a period of seven years has not elapsed from the date the applicant was fully discharged from imprisonment, probation, and parole;

(d) Has been convicted of or pleaded guilty to any of the disqualifying offenses listed or described in paragraph (E)(1)(d) of rule 5123:2-2-02 of the Administrative Code if a period of five years has not elapsed from the date the applicant was fully discharged from imprisonment, probation, and parole;

(e) Has been convicted of or pleaded guilty to multiple disqualifying offenses if the applicable period of time in accordance with paragraph (E)(2) of rule 5123:2-2-02 of the Administrative Code has not elapsed from the date the applicant was fully discharged from imprisonment, probation, and parole; or

(f) Has been included in one or more of the databases listed in paragraphs (C)(2)(a) to (C)(2)(e) of rule 5123:2-2-02 of the Administrative Code.

(3) A conviction of or a plea of guilty to an offense listed or described in paragraphs (E)(1)(a) to (E)(1)(d) of rule 5123:2-2-02 of the Administrative Code shall not constitute grounds for the denial or revocation of investigative agent certification if the requirements contained in paragraph (F) of rule 5123:2-2-02 of the Administrative Code are met.

(4) Applicants for or holders of investigative agent certification shall disclose a conviction that has been sealed.

Replaces: 5123:2-5-07

Effective: 07/04/2013
R.C. 119.032 review dates: 07/04/2018
Promulgated Under: 119.03
Statutory Authority: 5123.04 , 5126.25
Rule Amplifies: 5123.04 , 5123.081 , 5126.221 , 5126.25
Prior Effective Dates: 03/21/2002, 07/23/2012