(A) The Ohio department of education
shall register any private provider that meets the following
requirements:
(1) A private provider
makes application to the Ohio department of education in accordance with rules
of the state board of education and guidelines established by the Ohio
department of education and that application is approved.
(2) The private provider
indicates, by signing the provider affidavit, its commitment to follow all
requirements for a private provider specified in rules 3301-103-01 to
3301-103-07 of the Administrative Code, including but not limited to, the
requirements for accepting qualified special education children pursuant to
rule 3301-103-03 of the Administrative Code. The provider affidavit shall also
include the assurance that the provider is in compliance with all laws that are
applicable.
(3) The private provider
meets the minimum standards of the applicable professional organization for
individual or non-school providers. The private provider holds, and any
employees hold, and any volunteers hold, appropriate credentials from the state
board of education or appropriate credentials from a national or state board
for their specific professions, and these credentials are related to the
individualized education program (IEP) services they will be providing. If the
private provider contracts with another provider who will be providing special
education and related services to children in the autism scholarship program,
the contracted provider and any subcontractors and employees or volunteers of
both the contracted and subcontracted providers shall also hold appropriate
credentials from the Ohio department of education or credentials from a
national or state board for their specific professions.
(a) If any of the parties referenced in paragraph (A)(3) of this
rule held credentials that are currently revoked by the Ohio department of
education, that party cannot be a registered private provider, even though the
party may hold credentials from a national or state board for his or her
specific profession.
(b) If any of the parties referenced in paragraph (A)(3) of this
rule holds appropriate credentials from a department of education of a state
other than the state of Ohio, those credentials will be recognized as
appropriate credentials under paragraph (A)(3) of this rule unless that party
held credentials that are currently revoked by the Ohio department of education
or by the department of education of another state.
(c) In addition to the listed providers of intervention services
outlined in division (E) of section 3310.41 of the Revised Code, intervention
services under the autism scholarship program may also be provided by an
intervention specialist licensed by the state board.
(4) The private provider
is physically located within the boundaries of the state of Ohio, and children
served by the private provider shall be served within the state of
Ohio.
(5) The private provider
is in compliance with sections 3319.39, 3319.391, and 3313.392 of the Revised
Code regarding background checks as if it were a school district for any staff
licensed by the Ohio department of education. For all other staff the private
provider has on file, prior to providing any special education and related
services to children participating in the autism scholarship program, a current
criminal records check from the superintendent of the Ohio bureau of criminal
identification and investigation pursuant to rule 109:5-1-01 of the
Administrative Code. Each owner, employee, contractor, and volunteer of a
private provider shall have on file a criminal records check that is not more
than one year old on the date that the person becomes an owner, employee,
contractor, or volunteer of the private provider. Thereafter, each owner,
employee, contractor, or volunteer of a private provider shall undergo a
criminal records check at least every five years from the date of the last
criminal records check. A criminal records check is current if it meets the
timeframes specified in this paragraph.
For purposes of paragraph (A)(5) of this rule,
contractor includes any person who is under contract with a private provider
and whose work involves routine interaction with a child in the autism
scholarship program or regular responsibility for the care, custody, or control
of a child in the autism scholarship program. For purposes of paragraph (A)(5)
of this rule, volunteer includes any person whose activities involve
unsupervised access to a child. "Unsupervised access" to a child has
the same meaning as in section 109.574 of the Revised Code.
The current criminal records check shall not
indicate that any owner, employee, contractor, or volunteer of the private
provider has been convicted of or pleaded guilty to a violation of any of the
sections of law described in division (B)(1) of section 3319.39 of the Revised
Code.
An owner, employee, contractor, or volunteer of
a private provider who holds a license consistent with the meaning of license
in division (A) of section 3319.31 of the Revised Code shall also meet all
applicable requirements for criminal records checks that apply to a holder of
that license. An owner, employee, contractor, or volunteer of a private
provider who holds a license or certificate under another section of law shall
also meet any requirements for criminal records checks that apply to a holder
of that license or certificate. An owner, employee, contractor, or volunteer of
a private provider who is a driver of a school bus or motor van consistent with
the meaning of a driver of a school bus or motor van under section 3327.10 of
the Revised Code shall also meet all applicable requirements for criminal
records checks under section 3327.10 of the Revised Code.
As part of the initial application for
registration and subsequent annual reapplications for registration, a private
provider shall submit to the Ohio department of education an affidavit assuring
the Ohio department of education that a current criminal records check, as
described above, is on file for all owners, employees, contractors, and
volunteers of the private provider and assuring the department that the current
criminal records checks do not show that any owner, employee, contractor, or
volunteer of the provider has been convicted of or pleaded guilty to a
violation of any of the sections of law described in division (B)(1) of section
3319.39 of the Revised Code.
(6) Nondiscrimination
policies
The affidavit referenced above also shall
assure the department that providers other than nonpublic schools chartered by
the state of Ohio have a written policy addressing the private providers
practices to ensure that said private provider does not discriminate on the
basis of race, color, religion, sex, gender, national origin, disability, or
age.
(7) The private provider
demonstrates the capacity to provide services under the autism scholarship
program. A private provider shall demonstrate its capacity to provide services
under the autism scholarship program by meeting the following
requirements:
(a) Being in operation for at least one full school year prior to
enrolling children participating in the autism scholarship
program;
(b) Providing the department of education with documentation that
the private provider has adequate liability and property and casualty
insurance;
(c) Having no outstanding claims for recovery from the auditor of
state;
(d) 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 autism scholarship program and making the fee schedule
available to the Ohio department of education;
(e) Verifying in a written statement filed with the Ohio
department of education that the owner has sufficient capital or credit in
order to operate during the upcoming school year to serve the number of
children accepted, taking into consideration expected revenues from fees
charged and from other sources; and
(f) Filing with the Ohio department of education one of the
following:
(i) a bond in favor of
the department for financial loss to the department caused by the provider or
one of the provider's employees related to the provider's
participation in the autism scholarship program for an amount equal to
one-twelfth of the scholarship funds received for that prior school year or ten
thousand dollars, whichever is greater, up to a cap of two hundred fifty
thousand dollars. The bond must be maintained in effect for at least one year
after the date on which the provider ceases to participate in the autism
scholarship program or until resolution of all outstanding claims and be
continuous. The bond shall, however, include a provision for cancellation,
subject to a notice period of thirty days with notice provided to the provider
and to the department. Regardless of the amount of claims made against the bond
and the number of periods the bond covers, the maximum liability under the bond
is the penal sum;
(ii) a letter of credit
for an amount equal to one-twelfth of the scholarship funds received for the
prior school year or ten thousand dollars, whichever is greater, up to a cap of
two hundred fifty thousand dollars. The letter of credit must be maintained in
effect for at least one year after the date on which the provider ceases to
participate in the autism scholarship program or until resolution of all
outstanding claims;
(iii) an agreement that
authorizes the department to offset any amounts due the department under the
autism scholarship program against monies that would otherwise be distributed
to that provider in accordance with section 3317.063 of the Revised Code and
Chapter 3301-40 of the Administrative Code during the provider's
participation in the program. The authorization must be maintained in effect
for at least one year after the date on which the provider ceases to
participate in the autism scholarship program or until resolution of all
outstanding claims.
(8) The private provider
meets all applicable state and local health and safety codes.
(9) The private provider
provides quarterly reports to the parent and to the child's school
district of residence including but not be limited to the
following:
(a) The child's progress toward meeting the annual goals
stated on the child's current IEP, including any modifications and how
the child's progress is being measured; and
(b) The extent to which that progress is sufficient to enable the
child to achieve the goals by the end of the year.
(B) A private provider, who wishes to
continue to provide special education and related services to children in the
autism scholarship program in the succeeding fiscal year, must submit a
completed new application for the succeeding year that includes an affidavit,
prescribed by the Ohio department of education, in which the private provider
swears or affirms that the private provider continues to meet all requirements
for registration. All applications and affidavits, must be submitted no later
than June thirtieth in order to participate in the program for the next fiscal
year.
(C) A registered private provider will
participate in an on-site monitoring visit upon the request of the Ohio
department of education.
(D) The registered private provider shall
make their written policies and practices readily available to all parents in
the state of Ohio requesting this information and will do so without charge to
the parent.
(E) The Ohio department of education may
revoke the registration of a private provider if the department of education
determines that the private provider is in violation of any of the provisions
of section 3310.41 of the Revised Code, rules 3301-103-01 to 3301-103-07 of the
Administrative Code. Within ten days of determination, the department will
furnish initial notice of noncompliance to private providers. The department
may allow a provider opportunity to complete a corrective action plan to
correct issues of non-compliance in lieu of revoking the providers
registration. Notice of the department's intent to revoke will be
provided in accordance with Chapter 119. of the Revised Code.
(F) If a private provider's
registration is revoked, the private provider is entitled to and may request a
hearing under Chapter 119. of the Revised Code.
(G) All private providers that
participate in the scholarship program must be approved and registered by the
Ohio department of education. The Ohio department of education will make a list
of all registered private providers available to any parent within the state of
Ohio.
(H) An alternative public provider for
the autism scholarship program may agree to enroll a child in the alternative
public provider's special education program if the child's parent
would owe fees for the services provided to the child by the alternative public
provider.
(1) An alternative public
provider who agrees to participate in the autism scholarship program shall
register with the Ohio department of education and meet all state and federal
laws, rules, and regulations to the alternative public provider.
(2) The registration requirements that
apply to a registered private provider do not apply to an alternative public
provider, except an alternative public provider shall provide quarterly
progress reports as required by paragraph (A)(9) of this rule and shall submit
required invoices. An alternative public provider may claim reimbursement only
for the costs of the provider's services that implemented the
child's IEP.
