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Rule 3301-101-01 | Definitions.
The following terms are defined as they are used in
this chapter of the Administrative Code: (A) "Administrative or judicial
mediations or proceedings" includes, but is not limited to, pending
written complaints, mediations, or due process hearings with respect to the
content of the individualized education program (IEP) that an alternative
public provider or registered private provider would implement if a special
needs scholarship is awarded to a child whose parent has applied for a
scholarship for his or her child; or is implementing if a child was awarded a
scholarship and is participating in the special needs scholarship
program; (B) "Alternative public
provider" has the same meaning as in section 3310.51 of the Revised Code;
(C) "Special needs scholarship
program" has the same meaning as the Jon Peterson special needs
scholarship program established in section 3310.52 of the Revised
Code; (D) "Category one" child is a
child who has been identified with a disability of speech or language
impairment as defined in rule 3301-51-01 of the Administrative
Code; (E) "Category two" child is a
child who has been identified as specific learning disabled as that term is
defined in rule 3301-51-01 of the Administrative Code, a child who has an
intellectual disability as that term is defined in rule 3301-51-01 of the
Administrative Code, or a child who has other health impairment-minor as
defined in section 3317.02 of the Revised Code; (F) "Category three" child is
a child who has been identified with a hearing impairment or an emotional
disturbance as that term is defined in rule 3301-51-01 of the Administrative
Code or as severe behavior disabled; (G) "Category four" child is a child who has
been identified with a visual impairment as that term is defined in rule
3301-51-01 of the Administrative Code or as having another health
impairment-major, as defined in section 3317.02 of the Revised
Code; (H) "Category five" child is a child who has
been identified with an orthopedic impairment or as having multiple
disabilities as those terms are defined in rule 3301-51-01 of the
Administrative Code; (I) "Category six" child is a
child who has been identified as having autism as that term is defined in rule
3301-51-01 of the Administrative Code, as having traumatic brain injuries as
that term is defined in rule 3301-51-01 of the Administrative Code, or as
deaf-blindness as that term is defined in rule 3301-51-01 of the Administrative
Code; (J) "Child find" has the same
meaning as in rule 3301-51-03 of the Administrative Code; (K) "Department" means the
department of education and workforce; (L) "IDEA" means the
Individuals with Disabilities Education Improvement Act of 2004 at 20 U.S.C.
1400, Public Law 108-446 of the 108th Congress, December 3, 2004; (M) "Entitled to attend school" has the same
meaning as in section 3310.51 of the Revised Code; (N) "FAPE" means free and
appropriate public education under the Rehabilitation Act of 1973 and the
Individual with Disabilities Education Act; (O) " "IEP" means an individualized
education program and has the same meaning as in section 3310.51 of the Revised
Code; (P) "Eligible applicant" has the same meaning
as in section 3310.51 of the Revised Code ; (Q) "Modify services" means to
provide services identified on the IEP at a different frequency or in a
different amount than specified on the IEP, as measured by goals and
objectives, or to provide services other than those identified on the IEP, but
associated with educating the child. A parent and provider do not have the
ability to independently amend or alter the IEP as written by the school
district; (R) "Qualified special education child" has the
same meaning as in section 3310.51 of the Revised Code; (S) "Registered private provider" has the same
meaning as in section 3310.51 of the Revised Code; (T) "Primary Provider," for a
child with more than one provider, means the provider responsible for
submission and maintenance of the child's scholarship application and the
administration of the state assessment to the child; (U) "Scholarship" has the same meaning as in
section 3310.51 of the Revised Code; (V) "School district of residence" has the same
meaning as in section 3310.51 of the Revised Code; (W) "Special education program" has the same
meaning as in section 3310.51 of the Revised Code.
Last updated June 27, 2024 at 10:38 PM
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Rule 3301-101-02 | Jon Peterson special needs scholarship program established.
(A) The department of education and workforce will pay a
scholarship to the parent or other eligible applicant of each qualified special
education child upon the submission of a fully completed application pursuant
to procedures established by the department's rules in this
chapter. (B) Each scholarship will be used only to pay all or part of the
tuition and fees for the child on whose behalf the scholarship is awarded to
attend a special education program that provides services under the
child's (IEP) in the following manner: (1) For a special
education program which is operated by an alternative public provider or by a
registered private provider may be used in lieu of the child's special
education program operated by the school district in which the child is
entitled to attend school. (2) Additional services
agreed to in writing by the provider and eligible applicant that are not
included in the IEP but are associated with educating the child. Upon written
agreement with the eligible applicant, the provider may modify the services
provided to the child through the development of measurable goals and
objectives in addition to the services included in the IEP. (C) The purpose of the scholarship is to permit the parent or
other eligible applicant of a qualified special education child the choice to
send the child to a special education program, instead of the one operated by
or for the school district in which the child is entitled to attend school, to
receive the services prescribed in the child's IEP once the IEP is
finalized, and other services agreed to in writing by the provider and eligible
applicant that are not included in the IEP but are associated with educating
the child. Upon written agreement with the eligible applicant, the provider may
modify services provided to the child through the development of measurable
goals and objectives in addition to or in lieu of the services included in the
IEP. (D) The following exclusions and provisions apply to the
program: (1) A scholarship will
not be awarded to the parent or other eligible applicant for a first-time
scholarship while a child's IEP is being developed or while any
administrative or judicial mediation or proceedings with respect to the content
of the child's initial IEP are pending. Disputes regarding the
development of subsequent IEPs do not affect the eligible applicant's and
the child's continued eligibility for scholarship payments. A parent or
eligible applicant will not lose a scholarship while any administrative or
judicial mediation or proceedings with respect to the content of the
child's subsequent IEP are pending. (2) The responsibility
for developing the child's IEP lies with the school district in which the
child is entitled to attend school, or the child's school district of
residence, if different. The school district of residence has the primary
responsibility for developing a child's IEP. The school district where
the child is entitled to attend school may develop the IEP in accordance with
paragraph (C) of 3301-101-05 of the Administrative Code. (3) The eligible
applicant is responsible for ensuring that a child receiving a scholarship has
the services necessary to educate the child. Once the child is no longer
enrolled in a public school district, the public school district is not
obligated to provide the child with a FAPE. (4) For purposes of
Chapter 3323. of the Revised Code and IDEA, a scholarship recipient has only
those rights that apply to all other unilaterally parentally placed children,
with the exception of the right to have a public school district develop an IEP
in accordance with division (B) of section 3310.53 of the Revised Code. To the
extent that tuition and fees for the scholarship child exceed the scholarship
amount, the eligible applicant is responsible for the payment of all amounts
that exceed the scholarship amount in accordance with the terms agreed to
between the eligible applicant and the providers. (5) The eligible applicant is responsible
for the allocation of scholarship funds if the eligible applicant has selected
multiple providers. (6) A scholarship under this section will
not be used for the following purposes: (a) For a child to attend a public special education program that
operates under a contract, compact, or other bilateral agreement between the
school district in which the child is entitled to attend school and another
school district or other public provider; or (b) For a child to attend a community school established under
Chapter 3314. of the Revised Code. (7) Nothing in sections 3310.51 to
3310.64 of the Revised Code or in the rules in this chapter or any other rules
adopted by the department prevents a parent or other eligible applicant whose
child attends a public special education program under a contract, compact, or
other bilateral agreement, or whose child attends a community school, from
applying for and accepting a scholarship so that the applicant may withdraw the
child from that program or community school and use the scholarship for the
child to attend a special education program operated by an alternative public
provider or a registered private provider.
Last updated June 27, 2024 at 10:38 PM
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Rule 3301-101-03 | Eligibility to receive a scholarship.
(A) In accordance with section 3301.51 of
the Revised Code, a child will meet the following conditions to be eligible to
participate in the scholarship program: (1) The child will be at
least five years of age and less than twenty-two years of age at the beginning
of the school year for which the scholarship is sought; (2) The school district
in which the child is entitled to attend school, or the child's school
district of residence, if different, has identified the child as a child with a
disability under 20 U.S.C. 1401(3) and division (A) of section 3323.01 of the
Revised Code; (3) The school district
in which the child is entitled to attend school, or the child's school
district of residence, if different, has completed an IEP for the
child; (a) If the child is a first-time applicant, no
administrative or judicial proceedings as defined in paragraph (A) of rule
3301-101-01 of the Administrative Code are pending regarding the contents of
the IEP; (b) If the child is seeking a subsequent scholarship, the
existence of administrative or judicial proceedings about the subsequent IEP
does not affect continued eligibility for a scholarship. (c) Administrative or judicial proceedings regarding the
services provided by the district do not affect the child's eligibility
for a scholarship. (B) A child is not eligible for a
scholarship if the department of education and workforce has approved and the
applicant has accepted a scholarship for the child under the educational choice
scholarship pilot program, the autism scholarship program, or the pilot project
scholarship program for the same year in which a scholarship is sought, unless
the applicant relinquishes the scholarship awarded under the other program upon
acceptance of a scholarship under the Jon Peterson scholarship
program.
Last updated June 27, 2024 at 10:39 PM
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Rule 3301-101-04 | Application for a scholarship.
(A) Scholarships awarded under the Jon
Peterson special needs scholarship program will be valid from the date of the
department of education and workforce's written notification of approval
to the end of the scholarship year, provided all program conditions have been
met. (B) An applicant seeking a scholarship
for a student who is not currently receiving a scholarship shall complete and
submit an application for the scholarship, along with all information and forms
determined by the department to be necessary to determine eligibility and make
scholarship award determinations. (C) A new or renewal applicant seeking a
scholarship for the year subsequent to a year in which a scholarship was
received may have to complete an application in the manner established by the
department and provide the information and documentation that the department
determines is necessary for the effective implementation of the
program. (D) In submitting an application for a
scholarship, the applicant will attest to the following: (1) That the information
provided on the application is true and correct; (2) That the applicant
has received the profile of the registered private provider's special
education program under division (B) of section 3310.521 of the Revised Code
and rule 3301-101-09 of the Administrative Code; (3) That the applicant
has received the comparison document under section 3323.052 of the Revised
Code; (4) That the applicant
understands that by accepting and receiving the scholarship and the FAPE
comparison document, the applicant agrees to comply with the provisions of
sections 3310.51 to 3310.64 of the Revised Code and the provisions of the rules
in this chapter; (5) That the applicant
understands that acceptance of a scholarship relieves the school district of
residence and the school district in which the student is entitled to attend
school, if different, of the obligation to provide the child with
FAPE; (6) That the provider and
the department will be informed immediately of any change in the
student's residential address; (7) That the applicant
agrees to abide by the dispute resolution process described in rule 3301-101-12
of the Administrative Code; (8) That the scholarship
amount will only be applied to the tuition and fees of the enrolling provider
and that the applicant understands that the applicant will need to pay tuition
and fees that exceed the amount of the scholarship, and other fees and costs as
prescribed by the policies of the provider; and (9) Any other
representations prescribed by the department determined to be necessary to
ensure the effective implementation of the program and compliance with Chapter
3310. of the Revised Code. (E) Application for program participation
will be made on forms or through electronic means as prescribed by the
department. Applicants may designate, in writing, another entity to submit the
application on behalf of the applicant. Such designation may be made only to
registered providers or alternative public providers.
Last updated July 8, 2024 at 9:00 AM
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Rule 3301-101-06 | Awarding scholarships.
(A) Scholarships will be awarded from
fully completed applications received in the following order: (1) First, to any
eligible student enrolled in grades kindergarten through twelve who received a
scholarship in the school year immediately prior to the year for which the
scholarship is sought and for whom eligibility has not been terminated pursuant
to rule 3301-101-08 of the Administrative Code; (2) Then, to other
eligible students. (B) Initial determinations will be made in the
following manner: (1) If the number of
valid applications received is equal to or less than the number of scholarships
authorized by section 3310.52 of the Revised Code, scholarships will be awarded
to all eligible students. The department of education and workforce may
establish procedures for the acceptance of applications and for the awarding of
scholarships consistent with the priorities specified in paragraph (A) of this
rule. (2) If the number of
valid applications received exceeds the number of scholarships authorized by
section 3310.52 of the Revised Code, no additional applications will be
accepted. Scholarships will be awarded in the manner set forth in paragraph
(B)(3) of this rule. (3) Scholarships will be
awarded in the following manner: (a) All eligible students who meet the condition described in
paragraph (A)(1) of this rule will be awarded scholarships, if
possible; (b) If the number of eligible students who meet the condition
described in paragraph (A)(1) of this rule exceed the number of scholarships
authorized by section 3310.52 of the Revised Code, priority will be given based
on the number of years the student has participated in the program. Regarding
students with the same number of years of participation, the department will
determine eligibility by lottery, if needed. (c) If the number of eligible students who meet the condition
described in paragraph (A)(2) of this rule is equal to or less than the number
of total scholarships authorized by section 3310.52 of the Revised Code minus
the number of scholarships awarded to eligible students meeting the condition
of paragraph (A)(1) of this rule, all eligible students meeting the condition
of paragraph (A)(2) of this rule will be awarded scholarships; (d) If, after awarding scholarships to eligible students who meet
the condition described in paragraph (A)(1) of this rule, the number of
eligible students who meet the condition of paragraph (A)(2) of this rule
exceeds the number of scholarships authorized by section 3310.52 of the Revised
Code minus the number of scholarships awarded to eligible students meeting the
condition of paragraph (A)(1) of this rule, the remaining scholarships will be
awarded through the use of a lottery system. (C) Applicants and the provider
identified by the applicant will be notified of a scholarship award in writing,
or through electronic communication, within thirty days of award
determination. (D) If an eligible student who is awarded
a scholarship subsequently declines the scholarship, the applicant will notify
the department of the intention to relinquish the scholarship. The department
will establish dates by when such notifications will be made. (E) Any eligible student who has not been
awarded a scholarship will be placed on a waiting list maintained by the
department according to the order of the lottery. Scholarships will be awarded
to eligible students on the waiting list as they are relinquished by other
applicants in a manner to be specified by the department, until a deadline as
established by the department is reached.
Last updated June 27, 2024 at 10:40 PM
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Rule 3301-101-07 | Transfer of scholarship.
Scholarships may be transferred to other registered
providers or alternative public providers pursuant to this rule. Both the
applicant and the provider accepting the transferred student will notify the
department of education and workforce and the public school district writing
the IEP of the applicant's intent to transfer and the anticipated
effective date of transfer. The provider enrolling the applicant may provide
such notification to the department and the public school district on the
applicant's behalf, if so designated in writing or through electronic
communication by the applicant. Scholarships are not transferable to other
students.
Last updated June 27, 2024 at 10:41 PM
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Rule 3301-101-08 | Termination of eligibility.
(A) Eligibility to continue to receive a
scholarship in the school year in which it is being received will be terminated
if any of the following occur: (1) The department of
education and workforce determines that the application made for the program
contained false information that, had such information been correct, would have
caused the scholarship recipient to be ineligible for the program;
or (2) The scholarship
recipient is withdrawn from, or is expelled from, the entity that is providing
the child with an educational program that complies with the minimum standards
of the department as prescribed in Chapter 3301-34 or 3301-35 of the
Administrative Code, and fails within thirty calendar days to enroll with
another entity to provide an educational program to the child that complies
with those standards. (3) If the child is not
receiving any of the special education and related services identified on the
IEP or approved modifications to the services on the IEP. (B) Eligibility to receive scholarships
in subsequent school years and to submit an application for continuing
eligibility pursuant to paragraph (C) of rule 3301-101-04 of the Administrative
Code will cease if the scholarship recipient fails to comply with the
provisions of rule 3301-101-04 of the Administrative Code as determined by the
department. (C) Eligibility to receive scholarships
in subsequent school years will not be terminated because a student failed to
take a state test or alternate assessment prescribed for the student's
grade level if the department determines that the provider failed to meet its
obligation to administer the test. (D) If the department intends to
terminate eligibility for the reasons set forth in paragraphs (A)(1) to (A)(3)
and (B) of this rule, it will notify the applicant and the provider in writing
of its determination to terminate eligibility. Such notification will include
the effective date of the termination.
Last updated June 27, 2024 at 10:42 PM
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Rule 3301-101-09 | Participation by providers.
(A) Each year, the department of
education and workforce will publish a list of registered private providers and
alternative public providers who are participating in the scholarship
program. (B) To participate in the program, a
private provider will register with the department in accordance with
procedures established by the department. No private provider will enroll
scholarship students or receive scholarship payments until the private provider
has registered with the department. To be eligible for registration, a private
provider will be able to demonstrate the following: (1) That it will not
discriminate on the basis of race, color, or national origin, regardless of
whether the provider receives federal financial assistance; (2) That it is in
compliance with sections 3319.39, 3319.391, and 3319.392 of the Revised Code
regarding background checks as if it were a school district; (3) That the teaching and
nonteaching professionals employed by the provider hold credentials that are
appropriate for the qualified special education children enrolled in the
special education program that it operates as determined by the department. The
teaching and nonteaching professionals directly providing special education and
related services to a scholarship recipient will meet the minimum standards of
the applicable professional organization for individual or non-school
providers. The private provider and employees will hold appropriate credentials
from the state board of education or from a national or state board for their
specific professions, and these credentials will be applicable to the special
education or related services that the provider or employee will be providing.
If the private provider contracts with another provider who will be providing
special education and related services to children participating in the
scholarship program, the contracted provider and any subcontractors or
employees of both will also hold appropriate credentials from the Ohio state
board of education or credentials from a national or state board for their
specific profession; (a) If any employee referenced in paragraph (B)(3) of this rule
holds credentials issued by the Ohio state board of education that are either
currently suspended or have been revoked in accordance with Chapter 119. and
section 3319.31 of the Revised Code, that individual will not be permitted to
provide services to a child receiving a scholarship, regardless of whether the
individual holds credentials from a national or state board for his or her
specific profession; (b) If any employee referenced in paragraph (B)(3) of this rule
holds appropriate credentials issued by a state other than Ohio, those
credentials shall will be recognized as appropriate credentials under paragraph
(B)(3) of this rule unless that party holds credentials issued by the Ohio
board of education that are either currently suspended or have been revoked in
accordance with Chapter 119. and section 3319.31 of the Revised
Code; (c) If a provider uses volunteers to assist in providing special
education and related services to a scholarship recipient, those volunteers
will be supervised by a person meeting the requirements in paragraph (B)(3) of
this rule. (4) That its educational
program complies with program standards prescribed by the department and
located on the department's website; (5) That it meets all
applicable health and safety codes; (6) That it agrees to
provide a record of compliance with the IEP and a record of the student's
progress to the school district who wrote the IEP, in the form and manner
prescribed by the department, and to cooperate with the district during the
process of revising IEPs for scholarship students; (7) That it agrees to
retain the documentation and information identified in rule 3301-101-04 of the
Administrative Code and any other documentation and information directly
related to the student's scholarship application for one year from the
submission of the application. (8) That it agrees to
notify the eligible applicant in writing of its reasons for declining to enroll
the child receiving a scholarship. (9) That it is physically
located within the boundaries of the state of Ohio, and all children served by
the provider will be served within the state of Ohio, unless a registered
private provider is otherwise approved by the department to provide services in
another state to Ohio residents due to the provider's proximity to the
child's school or residence or if an out-of-state provider meets the
department's conditions to provide on-line services to Ohio
residents. (10) The private provider
demonstrates fiscal soundness. A private provider will demonstrate fiscal
soundness by meeting the following conditions: (a) Providing the department with a written statement confirming
that the private provider has adequate liability and property and casualty
insurance; (b) Having no outstanding findings for recovery from the auditor
of state; and (c) Providing the parent with a fee schedule and description of
the special education and related services that the private provider will be
providing as part of the Jon Peterson scholarship program and making the fee
schedule available to the department ; (C) To participate in the program, an
alternative public provider will notify the department in writing of its intent
to participate in the Jon Peterson scholarship program. The registration
conditions that apply to private providers do not apply to an alternative
public provider. An alternative provider may utilize the scholarship program to
enroll a child if the child's parent would owe fees for the services
provided by the alternative public provider. (D) A registered private provider,
chartered nonpublic school providing a special education program, or
alternative public provider will make the following representations to the
department in order to participate: (1) That it will annually
communicate its tuition or fee structure including all discounts and other
adjustments offered or available; (2) That it will prepare
a profile of its special education program that contains the methods of
instruction that will be utilized to provide services to children receiving
scholarships and the qualifications of teachers, instructors, and all other
employees or subcontractors who will provide services to scholarship children,
in the form prescribed by the department; (3) That it will provide
the profile under paragraph (D)(2) of this rule to eligible
applicants; (4) In cases where it is
listed on a scholarship as the primary provider, that it, or another entity
with qualifying credentials on behalf of the primary provider, will administer
tests or alternate assessments to students receiving scholarships and enrolled
in grade levels for which tests are regularly administered pursuant to sections
3301.0710 and 3301.0712 of the Revised Code, and that the results of such tests
will be reported to the department pursuant to procedures established by the
department; (5) That it will make its
facilities and the records pertinent to the effective implementation of the
provisions established by the rules in this chapter available at any time
during regular business hours for announced or unannounced visits by the
department, or by persons under contract with the department to perform
compliance reviews; (6) That it has
established sufficient student attendance recordkeeping procedures, including
processes for documentation of excused absences; (7) That it has
established reliable systems to ensure confidentiality of student
records; (8) That it will promptly
refund to the state any amounts overpaid on behalf of a student due to
ineligibility, disenrollment, expulsion, data error, or for any other
reason; (9) That it will disenroll any
scholarship student once a determination is made that the student will no
longer attend the school. Disenrollment will be recorded as the last date the
student attended classes; (10) That it will allow the department to
monitor compliance with the provisions of this rule and of other laws and rules
as they apply to chartered nonpublic schools and will provide at the request of
the department such information and copies of records as may be necessary to
ensure such compliance, including: (a) Information and records related to school staff and
volunteers, including, but not limited to, license or certificate numbers, and
background check results; (b) Information and records related to school policies and
procedures including, but not limited to, the parent or student handbook,
admissions policies, and withdrawal and transfer policies; and (c) Information and records related to building, vehicle and
operational safety including, but not limited to, fire inspection reports, food
service licenses, and vehicle inspection reports. (E) The department may revoke the
registration of a private provider if the department determines that the
private provider is in violation of any of the provisions of section 3310.58 of
the Revised Code, the rules of this chapter, or program guidelines established
by the department. In lieu of revocation, the department may suspend a
registered provider from participating in the program until issues of
noncompliance have been corrected to the satisfaction of the
department. (F) Any alternative public provider that
fails to meet the provisions established by the rules of this chapter may be
suspended from participation in the program for a period of time to be
determined by the department, or until such time as the alternative public
provider provides assurances to the satisfaction of the department that such
provisions will be met. (G) If the department revokes or suspends
a private provider's registration, the provider will be entitled to and
may request a hearing under Chapter 119. of the Revised Code.
Last updated July 8, 2024 at 8:59 AM
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Rule 3301-101-10 | Payment of scholarship amounts.
(A) Payment of scholarship amounts will
be mailed to the address or made through electronic funds transfer using the
information provided by the provider. Eligible applicants that authorize
payment be made solely to the provider may revoke their authorization at any
time by notifying the department and the provider in writing. (B) The actual amount of each scholarship will be the
lesser of the applicable net fees or tuition charged by the provider, or the
maximum amount of the scholarship. The net fees or tuition will be the fees or
tuition amount specified by the provider minus all other financial aid,
discounts and adjustments received for the student. In cases where discounts
are offered for multiple students from the same family, and not all students in
the same family are scholarship recipients, the scholarship amount will be the
lowest tuition to which the family is entitled. (C) The scholarship amount will be proportionately reduced
in the case of any scholarship recipient who is not enrolled in the scholarship
program and/or attending, participating and receiving special education and
related services from an alternative public provider or a registered private
provider for the entire school year. (D) In the case where a child transfers during the course
of the school year to another registered provider or participating alternative
provider with a different tuition, the department will prorate the amounts paid
to each provider based on the period of attendance at each
provider. (E) In cases in which an overpayment is made on behalf of
a participating student, the department will inform the provider of the amount
of the overpayment, and the provider will refund the amount to the department.
In the event that payment has been made for services that were not provided to
a child by that provider, that portion of the scholarship paid to that provider
will be revoked. (F) In cases in which a student withdraws or is expelled
from a provider, or when a student's eligibility to continue to receive a
scholarship is terminated pursuant to rule 3301-101-08 of the Administrative
Code, payment of the scholarship amount will be prorated based on the number of
days the student was enrolled with the provider or the services actually
provided. Funded enrollment would end as of the last day of the student's
attendance, or the effective date of the student's termination, whichever
is earlier. (G) Invoices for payment for each scholarship will identify
each credentialed employee providing the service(s), an itemized list of
services provided by the credentialed employee, and the amount of the
service. (H) No scholarship funds will be expended for services the
child received prior to the start date of the scholarship, services prior to
placement of the child with an alternative public provider or registered
provider, and service provided by a person who does not hold a credential
described in section 3310.58 of the Revised Code.
Last updated June 27, 2024 at 10:42 PM
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Rule 3301-101-11 | Entities designated to file applications.
Registered private providers, alternative public
providers, and primary providers as defined in rule 3301-101-01 of the
Administrative Code may be authorized to file applications on behalf of
applicants if so designated in writing by the applicant. In no case will any
financial charge be made to the applicant for application assistance.
Last updated June 27, 2024 at 10:43 PM
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Rule 3301-101-12 | Dispute resolution and due process requests.
(A) Although the district of residence is
not obligated to make FAPE available to a child with a disability who resides
in the district and is participating in the scholarship program, the parent of
a child participating in the scholarship program has the right to file a
written complaint or request for a due process hearing as provided by rule
3301-51-05 of the Administrative Code. A complaint or request for a due process
hearing may allege that the district of residence violated a provision of IDEA
but cannot allege a violation of any provision involving the implementation of
the IEP and whether the child has received FAPE. (B) Any dispute as to whether a student
is a child with a disability, under 20 U.S.C. 1401(3) and division (A) of
section 3323.01 of the Revised Code and thus satisfies the eligibility criteria
set forth in paragraph (A)(2) of rule 3301-101-03 of the Administrative Code,
will be resolved through the dispute resolution procedures set forth in IDEA
and paragraph (K) of rule 3301-51-05 of the Administrative Code. (C) An applicant or other aggrieved
person has the right to file with the department scholarship office a written
complaint alleging that a violation of one of the provisions set forth in
sections 3310.51 to 3310.64 of the Revised Code and/or the rules of this
chapter. A complaint will be forwarded, in writing, by the aggrieved party to
the department. Attached to the complaint will be any documentation supporting
the position of the aggrieved party. The department will review the documents
and make any further inquiry deemed necessary. The department will be the final
authority in the resolution of the complaint.
Last updated June 27, 2024 at 10:43 PM
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Rule 3301-101-13 | Program administration.
(A) The department will establish procedures for satisfying the
provisions of this chapter. Such procedures, which are located on the
department's website, will include, but not be limited to, the
following: (1) Addressing incomplete
applications; (2) Conducting the
lottery specified in rule 3301-101-06 of the Administrative Code; (3) Resolving questions
of legal guardianship; (4) Improving program
administration and client satisfaction; (5) Reissuing lost or
damaged warrants. (B) The department will report annually on the operation of the
program, including at least the following information: (1) Number of students
utilizing a scholarship; (2) Resident districts of
students; (3) Number of students
returning to a public school district after receiving a
scholarship; (4) Amount of scholarship
funds disbursed statewide, by grade, by district, and by disability category,
except to the extent that this information would violate the "Family
Educational Rights and Privacy Act of 1974," 124 Stat. 3192, 20 U.S.C.
1232g (December 13, 2010); (5) Number of scholarship
recipients by provider; (6) Names and addresses
of providers of services; (7) Amount of state and
federal aid received by the resident district for scholarship
students; (8) Information on the
number of students receiving scholarships by number of years enrolled in the
scholarship program, including grade, district of residence, and disability
category.
Last updated June 27, 2024 at 10:44 PM
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Rule 3301-101-14 | Standards for Jon Peterson special needs scholarship program direct services provided by virtual means.
Effective:
December 5, 2024
(A) "Services provided by virtual
means" means direct services provided through the use of information and
communication technology in real time by an individual holding the appropriate
licensure or credential who is located at a site other than the site where the
student is located. (B) Registered private providers as
defined in division (G) of section 3310.51 of the Revised Code who are not a
chartered nonpublic school and are registered to participate in the Jon
Peterson special needs scholarship program as established in Chapter 3310. of
the Revised Code may offer services provided by virtual means. (C) If the registered private provider
supplies a student with a device necessary to facilitate the provision of
services by virtual means under this paragraph, the provider will ensure the
following conditions are met: (1) The device includes
a filtering device or filtering software that prevents access to inappropriate
or obscene material online; (2) The device is
appropriate to the student's needs and the services provided by virtual
means will facilitate visual, face-to-face contact and interaction between the
student and the registered private provider; and (3) The availability of
necessary technical support. (D) Registered private providers will
communicate the following to each student and the parent or guardian of the
student prior to commencing services by virtual means: (1) If the registered
private provider supplies the device, instruction in the operation of the
device and online access, (2) Expectations for the
student's attendance and participation, including the times and dates
when services will be provided by virtual means; and (3) An explanation of
all applicable privacy laws, including the Family Educational Rights and
Privacy Act, 20 U.S.C.1232g, 34 CFR Part 99 and the Health Insurance
Portability and Accountability Act of 1996, Pub. L. 104-191. (E) Registered private providers may
employ or contract with an individual listed in division (C) of section 3310.58
of the Revised Code to provide services by virtual means. (F) Documentation and billing for
services provided by virtual means will comply with program conditions
established for the Jon Peterson special needs scholarship program including
the following: (1) All registered
private providers will document all services in point of service
notes; (2) All invoice amounts
for services delivered by virtual means will be consistent with the fee
schedule submitted by the registered private provider as part of their
application submitted to the department of education and workforce;
and (3) Registered private
providers will submit to the department invoices for services provided by
virtual means within sixty days of the date of service. (G) In cases of noncompliance with the
provisions of this rule, the department may call for a corrective action plan
for registered private providers in lieu of removal from the Jon Peterson
special needs scholarship program.
Last updated December 5, 2024 at 8:32 AM
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