(A) Each year, the department shall
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 shall register with the department in accordance with
procedures established by the department. No private provider shall enroll
scholarship students or receive scholarship payments until the private provider
has registered with the department. To be eligible for registration, a private
provider shall be able to demonstrate the following:
(1) That it shall 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 shall meet the minimum standards of
the applicable professional organization for individual or non-school
providers. The private provider and employees shall hold appropriate
credentials from the state board of education or from a national or state board
for their specific professions, and these credentials shall 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 shall also hold appropriate credentials from the Ohio 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either currently suspended or have been revoked in accordance with Chapter 119.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 shall 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 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 shall be supervised by a person meeting the requirements in
paragraph (B)(3) of this rule.
(4) That it has obtained
approval of its educational program by the department, in accordance with
procedures established by the department and located on the department's
website;
(5) That it meets any and
all applicable health and safety standards established by law;
(6) That it agrees to
provide a record of the implementation of the IEP and a record of the
students 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 dentified in rule 3301-101-04 of the
Administrative Code and any other documentation and information directly
related to the students 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 shall be served within the state of Ohio, unless a registered
private provider is otherwise approved by the Ohio department of education 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 Ohio department of education's requirements to provide
on-line services to Ohio residents.
(10) The private provider
demonstrates fiscal soundness. A private provider shall demonstrate fiscal
soundness by meeting the following requirements:
(a) Providing the department of education 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 Ohio
department of education;
(C) To participate in the program, an
alternative public provider shall notify the department in writing of its
intent to participate in the Jon Peterson scholarship program. The registration
requirements 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 childs parent would owe fees for the services
provided by the alternative public provider.
(D) A registered provider or alternative
public provider shall make the following representations to the department in
order to participate:
(1) That it shall
annually communicate its tuition or fee structure including all discounts and
other adjustments offered or available;
(2) That it shall 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 shall provide
the profile required by 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 shall 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
shall be reported to the department pursuant to procedures established by the
department;
(5) That it shall make
its facilities and the records pertinent to the effective implementation of the
requirements 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 shall
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 shall disenroll any
scholarship student once a determination is made that the student will no
longer attend the school. Disenrollment shall be recorded as the last date the
student attended classes;
(10) That it shall 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 shall 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 requirements 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
requirements shall be met.
(G) If the department revokes or suspends
a private provider's registration, the provider shall be entitled to and
may request a hearing under Chapter 119. of the Revised Code.
