(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currently suspended or have been revoked in accordance with Chapter 119.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.
