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This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and universities.

Chapter 3301-35 | Standards for Kindergarten through Twelfth Grade

 
 
 
Rule
Rule 3301-35-01 | Purpose and definitions.
 

(A) The purpose for adopting the rules in this chapter, which comprise the operating standards for Ohio school districts and elementary and secondary schools, is to assure that all students are provided a general education of high quality. The rules in this chapter establish specific expectations for school districts and schools to use in creating the best learning conditions for meeting the personalized and individualized needs of each student and achieving state and local educational goals and objectives. The operating standards focus on the most critical expectations for school districts and schools in order to foster a regulatory system that focuses on improving outputs and student outcomes.

(B) The following terms are defined as they are used in this chapter:

(1) "Assessment" means the measuring of student achievement of performance goals and objectives.

(2) "Blended learning" has the same meaning as in section 3301.079 of the Revised Code.

(3) "Board of education" means a board of education as described in Chapter 3313. of the Revised Code.

(4) "Classified staff" means nonteaching school personnel who are assigned to positions that do not require a certificate, license, permit or other credentialing document issued by the department of education and that are listed in accordance with section 3317.12 of the Revised Code.

(5) "Credentialed staff" means faculty or staff who hold a certificate, license, permit or other document issued by the state board of education under section 3301.071 or Chapter 3319. of the Revised Code. Credentialed staff includes, but is not limited to, teachers, principals, superintendents, treasurers, school business managers, related service personnel, administrative specialists, educational aides, and pupil activity providers.

(6) "Credit flexibility" means the method by which students may meet curriculum requirements or earn units of high school credit by demonstrating subject area competency through the completion of traditional coursework, testing out or otherwise demonstrating mastery of course content through the pursuit of an approved educational option pursuant to the plan for credit flexibility adopted by the state board of education in accordance with section 3313.603 of the Revised Code, and is available on the department of educations website.

(7) "Digital learning" has the same meaning as in section 3301.079 of the Revised Code.

(8) "Digital learning tools" means computers, tablets, software, applications, or other technology necessary to access a schools program of digital learning.

(9) "Educational options" means learning experiences or activities that are designed to extend, enhance, supplement, or serve as an alternative to classroom instruction and meet the personalized and individualized needs of each student. Educational options are offered in accordance with the models adopted by the state board of education, local board of education policy, and parental approval.

(10) "Educational service personnel" means individuals who hold appropriate qualifications and who possess the knowledge, skills and expertise to support the educational, instructional, health, mental health and college and career readiness needs for all students.

(a) Educational service personnel that support educational, instructional and college and career readiness programs include, but are not limited to: fine arts, music, and physical education teachers; librarian or media specialists; school counselors; and reading intervention specialists;

(b) Educational service personnel that support the learning needs of the special needs student population include, but are not limited to: gifted intervention specialists, adapted physical education teachers, audiologists, interpreters, speech-language pathologists, physical and occupational therapists, and English-as-a-second-language specialist;

(c) Educational service personnel that support the health and mental health of the student population include, but are not limited to: school nurses, social workers, school psychologists, and school resource officers.

(11) "Evidence-based" has the same meaning as in division (21) of section 8101 of the Elementary and Secondary Education Act of 1965, as amended by the Every Student Succeeds Act, at 20 U.S.C. 7801.

(12) "Harmful to juveniles" has the same meaning as in section 2907.01 of the Revised Code.

(13) "Intervention" means alternative or supplemental instruction designed to help students meet performance objectives.

(14) "Obscene" has the same meaning as in division (F) of section 2907.01 of the Revised Code as that division has been construed by the supreme court of this state.

(15) "Parent" means:

(a) A natural or adoptive parent of a child;

(b) A guardian; or

(c) An individual acting in the place of a natural or adoptive parent, including a grandparent, stepparent, or other relative, with whom the child lives, or an individual who is legally responsible for the childs welfare.

(16) "Policies" means general principles governing the operation of a school and are established and adopted by the district board of education.

(17) "Procedures" means detailed rules, regulations and courses of action, specified in writing, for carrying out school district and school policies.

(18) "School," with the exception of the term "school" as used in rule 3301-35-08 of the Administrative Code, means an environment organized for learning and chartered pursuant to this chapter and section 3301.16 of the Revised Code to provide a community of students with the opportunity to acquire skills and knowledge necessary to meet state and local performance objectives.

(19) "School district" means a local, exempted village, city or joint vocational school district as defined in Chapter 3311. of the Revised Code.

(20) "School year" has the same meaning as in section 3313.62 of the Revised Code.

(21) "Site evaluation" means an evaluation the department of education conducts of a school district or school to determine whether a school district or school meets the operating standards in this chapter.

(22) "Site visit" means an evaluation the department of education conducts of a chartered nonpublic school in accordance with Chapter 3301-39 of the Administrative Code.

(23) "Stakeholder" means those who directly affect or are affected by the educational success of a school district and school. Stakeholders may include, but are not limited to, colleges and universities, school district and school staff, employers, parents, students, and other individuals or groups in the community. For nonpublic schools, the governing authority of the school identifies "stakeholders."

(24) "State performance data" means the data reported to the department of education in accordance with section 3302.03 of the Revised Code that reflects the performance of the school district or school.

(25) "Teacher of record" means an educator who is responsible for a significant portion of a students instruction within a subject or a course.

Last updated May 24, 2021 at 9:08 AM

Supplemental Information

Authorized By: 3301.07
Amplifies: 3301.07
Five Year Review Date: 5/24/2026
Prior Effective Dates: 12/31/2000, 2/24/2006, 4/24/2015
Rule 3301-35-02 | Governance, leadership, and strategic planning.
 

(A) The board of education of a school district or the governing authority of a chartered nonpublic school, or the boards or authoritys designee, shall, in consultation with stakeholders, develop and communicate the school district's or governing authoritys vision, mission, guiding principles, priorities, and strategies for addressing stakeholder needs, especially those of students. To assure that the school district or school operates as a successful teaching and learning organization, the board, superintendent, treasurer, faculty, and staff should serve as positive role models, reinforce best practices and provide strong leadership. The board of education or the governing authority of a chartered nonpublic school shall be responsible for developing policies governing the school district or school operations and educational programs, which are consistent with applicable local, state, and federal law and regulations.

(B) For the proper governance, leadership, organization, administration, and supervision of a school district or school, a board of education of a school district or the governing authority of a chartered nonpublic school, or the boards or authoritys designee, may, in consultation with stakeholders and after engaging in strategic planning, implement a strategic plan that guides the school district or school and key stakeholders in the ongoing measurement of school district or school performance to ensure continuous improvement is being made.

Last updated May 24, 2021 at 9:09 AM

Supplemental Information

Authorized By: 3301.07
Amplifies: 3301.07 , 3301.07(D)(3)(a), 3302.03, 3302.04, 3302.041, 3313.536, 3313.67, 3313.712, 3313.713, 3313.719, 3313.815, 3319.073, 3737.73
Five Year Review Date: 5/24/2026
Prior Effective Dates: 2/17/2001
Rule 3301-35-03 | Blended learning.
 

(A) Each board of education or chartered nonpublic school that operates a school or a classroom as a blended learning environment shall adopt policies and procedures that address the following:

(1) Means of personalization of student centered learning models to meet the needs of each student.

(2) The evaluation and review of the quality of online curriculum delivered to students.

(3) Assessment of each participating students progress through the curriculum. Students shall be permitted to advance through each level of the curriculum based on demonstrated competency/mastery of the material.

(4) The assignment of a sufficient number of teachers to ensure a student has an appropriate level of interaction to meet the students personal learning goals. Each participating student shall be assigned to at least one teacher of record. A school or classroom that implements blended learning cannot be required to have more than one teacher for every one hundred twenty-five students.

(5) The method by which each participating student will have access to the digital learning tools necessary to access the online or digital content.

(6) The means by which each school shall use a filtering device or install filtering software that protects against internet access to materials that are obscene or harmful to juveniles on each computer provided to or made available to students for instructional use. The school shall provide such device or software at no cost to any student who uses a device obtained from a source other than the school.

(7) The means by which the school will ensure that teachers have appropriate training in the pedagogy of the effective delivery of online or digital instruction.

(B) A school is exempt from school year hourly requirements established in division (A) of section 3313.48 of the Revised Code to the extent that a school alters the hours that it is open for instruction in order to accommodate blended learning opportunities that apply to all students.

(C) Students engaged in blended learning shall have the ability to earn credits by demonstrating mastery of knowledge or skills through competency-based learning models. Students shall advance from grade to grade based upon credits earned. Credit shall not be based on a minimum number of days or hours in a classroom or on a digital learning device.

(D) With respect to the operation of a school or classroom with a blended learning environment, the operating standards in this chapter apply only to the extent that those obligations do not conflict with the provisions in this rule.

Last updated May 24, 2021 at 9:09 AM

Supplemental Information

Authorized By: 3301.07
Amplifies: 3301.07, 3302.41
Five Year Review Date: 5/24/2026
Prior Effective Dates: 4/24/2015
Rule 3301-35-04 | Student and other stakeholder focus.
 

(A) To ensure that student and other stakeholder needs are understood and addressed, the school district or school shall:

(1) Establish and communicate clear, high expectations for academic performance, attendance and conduct for all students regardless of gender, race, ethnicity, English proficiency or disability;

(2) Diagnose and assess the needs of students and other stakeholders and use assessment results and the value-added progress dimension to make informed decisions about curriculum, instruction, assessment, and goals;

(3) Monitor and analyze its performance index score, educational offerings, facilities, services and instructional materials to determine their effectiveness in helping students meet performance objectives;

(4) Continually improve programs and policies to better meet student needs by:

(a) Considering input from stakeholders;

(b) Monitoring and considering the changing needs and expectations of stakeholders;

(c) Regularly conducting stakeholder satisfaction evaluations using objective, reliable methods; and

(d) Comparing the results of stakeholder evaluations to those of benchmark school districts or schools.

(5) Communicate information about student attendance, conduct, academic performance and progress to parents on a regular basis.

(B) The school district or school shall implement a curriculum and instructional program that is characterized by systematic planning, articulation, and evaluation. The school district's curriculum shall be developed with input from and dialogue with parents, community members, and other stakeholders.

(1) In addition to those subjects required by the Revised Code, school districts also shall provide for study of the following:

(a) Personal safety and assault prevention in grades kindergarten through six;

(b) Foreign language;

(c) Technology;

(d) Family and consumer sciences; and

(e) Business education.

(2) Courses of study shall define the key components of a school district's curriculum and instruction.

(a) A course of study shall be adopted for each subject taught. Each course of study shall

(i) Comply with the provisions of section 3313.60 of the Revised Code;

(ii) Align with the school district vision, mission, philosophy, educational goals, and strategic plan;

(iii) Specify learning and performance expectations;

(iv) Establish a scope and sequence of knowledge and skills to be learned;

(v) Provide a way to assess student progress and the need for intervention;

(vi) Address the various developmental needs of early childhood, middle childhood, and adolescent through young adult students;

(vii) Use technological tools and emphasize inter-disciplinary, real-world, project-based, and technology-oriented learning experiences;

(viii) Be guided by Ohio's state-adopted academic content standards;

(ix) For career and technical courses, be guided by state board approved career and technical core standards and performance measures.

(b) Courses of study shall be reviewed and updated as needed.

(c) School districts shall provide for an assessment system that aligns with their courses of study and includes:

(i) Regular assessment of student performance;

(ii) A policy governing the provision of academic prevention/intervention services for all grades and all schools through the school district;

(iii) Guidelines for using assessment results and the value-added progress dimension for instruction, evaluation, intervention, guidance, and grade-promotion decisions;

(iv) Written policies and procedures regarding the participation of students with disabilities;

(v) Ongoing professional staff development that teaches accepted standards of practice in the selection, administration, interpretation, and use of assessments;

(vi) Multiple and appropriate assessments that shall be used to measure student progress;

(vii) Assessment practices that, when used to qualify students for graduation, promotion or special programs or services, conform to current professional standards for validity and reliability; and

(viii) Sharing information with parents, students, and the community regarding assessment purposes and results.

(C) The school district or school shall provide every student with opportunities to acquire the knowledge and skills required to meet local course of study objectives.

(D) School districts and chartered nonpublic schools shall provide students with the opportunity to acquire knowledge and skills and earn credits toward graduation through a variety of methods that shall include, but not be limited to, the following:

(1) Advanced standing programs;

(2) Credit flexibility;

(3) Requirements for awarding credit, including credit for study abroad, to students who successfully complete courses in grades nine through twelve or have demonstrated competency through the successful completion of approved credit flexibility options; and

(a) Shall specify that a fractional unit of credit be awarded on a proportionate basis for a course that meets less than the minimum one hundred twenty hours required for one credit unit;

(b) May permit more than one unit of credit to be awarded on proportionate basis for a course that meets more than one hundred twenty hours;

(c) May permit students below the ninth grade to take advanced work for credit; and

(d) Shall specify that units earned in English language arts, mathematics, science, and social studies that are delivered through integrated academic and technical instruction are eligible to meet the graduation requirements.

(E) Student achievement shall be monitored according to established procedures.

(1) Student progress reports shall be provided to parents on a regular basis. Parents shall be notified of problems with student achievement, conduct or attendance in a timely manner. Parent-teacher conferences may be one method of providing this information to parents.

(2) Student cumulative records shall be maintained, and student records shall be safeguarded according to the Family Educational Rights and Privacy Act (January 2013), 20 USC section 1232g.

(3) Criteria for decisions on student promotion and retention shall be established.

(4) Student admission, placement, and withdrawal shall be processed according to established procedures, includes policies for:

(a) The admission of students to kindergarten and grade one shall be established; and

(b) Accepting grade placement and units of credit for students transferring from any school in the state of Ohio and from any out-of-state school approved by a state department of education or the equivalent for schools attended in another country.

(5) Diplomas shall be issued to students who complete graduation requirements.

Last updated August 20, 2021 at 2:56 PM

Supplemental Information

Authorized By: 3301.07
Amplifies: 3301.07, 1347.99, 3301.0711, 3313.60, 3313.6013, 3313.602, 3313.603, 3313.608, 3313.609, 3313.61, 3313.611, 3313.612, 3313.613, 3313.614, 3313.615, 3313.641, 3313.90, 3319.01
Five Year Review Date: 4/19/2021
Prior Effective Dates: 7/1/1968, 7/1/1970, 2/24/2006
Rule 3301-35-05 | Faculty and staff focus.
 

(A) Credentialed and classified staff shall be recruited, employed, assigned, evaluated and provided professional development in accordance with state and federal law.

(1) Except as otherwise provided in sections 3302.151, 3319.36, and 3319.361 of the Revised Code, each credentialed staff member shall hold the appropriate credentials for his/her assigned position prior to performing any activities or duties related to the assigned position. Copies of credentials appropriate to staff assignments shall be on file in the school district's or school's administrative office.

(2) Except as otherwise provided in rules 3301-35-03, 3301-35-09, 3301-51-09, and 3301-51-15 of the Administrative Code, the ratio of teachers to students school district-wide shall be at least one full-time equivalent classroom teacher for each twenty-five students.

The ratio of teachers to students in kindergarten through fourth grade on a school district-wide basis shall be at least one full-time equivalent classroom teacher per twenty-five students.

(3) The board of education of a school district shall be responsible for the scope and type of educational services in the district. The district shall employ educational service personnel to enhance the learning opportunities of all students.

(4) Every school shall be provided the services of a principal.

(5) Except as otherwise provided in Chapter 3319. of the Revised Code, credentialed staff shall be evaluated at regular intervals, with results to be discussed with credentialed staff in conferences. Evaluations of credentialed staff conducted under Chapter 3319. of the Revised Code shall use evaluation systems that align with state models and the Ohio educator standards available on the department of education's website.

(6) Classified staff shall be evaluated at regular intervals. Evaluation results shall be discussed with the classified staff in evaluation conferences.

(7) Data shall be used to determine the amount and nature of professional development for credentialed staff and classified staff necessary to implement the school district's vision, mission, and strategic plan.

(a) Professional development for credentialed staff shall be provided. Professional development planning shall align with Ohio educator standards and Ohio standards for professional development, which are available on the departments website, and may include the identification of observable and measurable staff learning outcomes, the individual or group needs of credentialed staff to develop or improve the knowledge and skills necessary to address personalized and individualized student learning needs, a focus on closing the gap between student performance and the expectations for student performance, and identification of the resources necessary to support the professional learning outcomes, follow-up and evaluation.

(b) Professional development for credentialed staff and classified staff shall continually be monitored, evaluated, and improved to align with school district goals and objectives and to meet the changing needs of students.

(c) Credentialed staff shall work with their local professional development committees to meet state certification and licensure requirements pursuant to section 3319.22 of the Revised Code.

(8) Teachers shall be provided sufficient time for designing their work, evaluating student progress, conferencing, and team planning. Time shall be established for teachers to pursue collaborative planning for the development of lesson plans, professional development, and shared learning. The schedule of full-time equivalent classroom teachers assigned to a school with a teacher day of six hours or longer, excluding the lunch period, shall include at least two hundred minutes per week for these purposes.

(B) The school district or school administrators, including superintendents, assistant superintendents, and principals, shall maintain an environment that supports personal and organizational performance excellence through the following elements:

(1) The organizational design of the school district or school shall promote communication, cooperation, and the sharing of knowledge and skills across work functions, units and locations.

(2) Credentialed staff and classified staff shall know and demonstrate knowledge of and commitment to the school district and school vision, mission, and strategic plan.

(3) The school district or school shall continually evaluate its work environment and improve it to support school district, school and student goals.

(4) Credentialed staff and classified staff shall strive to create and maintain an environment of encouragement, trust and mutual commitment to school district and school goals.

(5) Credentialed staff and classified staff shall work within a healthy, safe environment and help maintain and improve a healthy, safe environment conducive to student learning and performance excellence.

Last updated May 24, 2021 at 9:10 AM

Supplemental Information

Authorized By: 3301.07
Amplifies: 3301.07, 3301.071, 3301.074, 3319.01, 3319.02, 3319.11, 3319.111, 3319.112, 3319.22, 3319.222, 3319.39, 3319.391
Five Year Review Date: 5/24/2026
Prior Effective Dates: 4/24/2015
Rule 3301-35-06 | Educational programs and support.
 

(A) Educational programs and experiences shall be designed and implemented to provide a general education of high quality for all students. Students shall be provided sufficient time and opportunity to achieve local school district performance requirements and objectives measured by required local and state achievement assessments. Instruction shall be focused on the personalized and individualized needs of each student and include intervention that is designed to meet student needs. Instruction shall:

(1) Be consistent with evidence-based practices;

(2) Be appropriate to student ages, developmental needs, learning styles, abilities, and English proficiency;

(3) Be designed to ease the transition of students from one educational environment to another; and

(4) Include phonics as a technique to teach reading in kindergarten through third grade in accordance with section 3301.07 of the Revised Code.

(B) Stakeholder partnerships

(1) The school district or chartered nonpublic school through its board of education or governing authority, superintendent, and staff shall work with key stakeholders, including, but not limited to, the following:

(a) Parents, in part through the adoption of a policy on parental involvement in the schools;

(b) Business advisory councils;

(c) Family and civic engagement teams;

(d) School-parent or school-business partnerships; and

(e) Other schools, social services, and organizations that impact educational programs for students.

(2) In addition to its regular budget process, the school district shall work with key stakeholders to review the school districts allocation of educational resources. This evaluation shall be conducted at least once every three years to ensure that the school districts resources are allocated in an effective and equitable manner. Allocation and expenditure of school district resources must be aligned with the school districts strategic plan and reflect best practices in financial management.

(C) Educational options

(1) All educational options shall require:

(a) An instructional and performance plan that is based on individual student needs and shall include:

(i) Instructional and performance objectives that align with the school districts or school's curriculum requirements;

(ii) An outline that specifies instructional activities, materials, and learning environments; and

(iii) A description of the criteria and methods for assessing student performance.

(b) Parental permission for students under age eighteen;

(c) Superintendent approval prior to student participation; and

(d) Involvement of a credentialed teacher in reviewing the instructional plan, which may include providing, supervising, or reviewing instruction or learning experiences, and the evaluation of student performance.

(2) Credit for approved educational options shall be assigned according to student performance relative to stated objectives of the approved instructional and performance plan and in accordance with local board policy and established procedures.

(3) Each school district shall communicate information and procedures related to credit flexibility and educational options available in the school district to students, parents and all interested stakeholders.

Last updated May 24, 2021 at 9:11 AM

Supplemental Information

Authorized By: 3301.07
Amplifies: 3301.07, 3301.077, 3301.131, 3313.472, 3313.48, 3313.481, 3313.603, 3313.6010, 3313.62, 3313.82, 3319.24, 3321.04, 3321.041, 3321.05
Five Year Review Date: 5/24/2026
Prior Effective Dates: 2/24/2006, 3/22/2008
Rule 3301-35-07 | Data-driven improvement.
 

(A) To provide a foundation for measuring and improving operational and educational performance, each school district or school shall:

(1) Collect and analyze information about key areas of school operations and educational performance and areas of needed improvement identified in its strategic plan, and if applicable, in its continuous improvement plan described in section 3302.04 of the Revised Code or applicable federal law;

(2) Ensure that information collected is accessible, valid and reliable; and

(3) Monitor, evaluate, improve, and update the information to meet changing educational needs.

(B) For key operational and educational areas, school districts and schools should determine their baseline performance levels, evaluate and compare their performance levels with similar school districts and schools, and generally accepted best practices. The school district or school shall use where applicable, the comparative information, state performance data, relevant local measures, and other data to promote innovation, improve instruction and learning, improve school district and school performance, and set higher goals for future achievement. The analysis of performance data, including disaggregated data, may be used to:

(1) Determine progress, identify areas for improvement, and develop corrective action plans;

(2) Measure year-to-year improvement of various student populations, including the subgroups listed in division (D)(3) of section 3301.07 of the Revised Code; and

(3) Communicate student performance results to staff, parents, and other stakeholders.

(C) The state's education management information system (EMIS) provides an integrated system of statewide collecting, reporting and compiling of school district and school information in a manner that complies with state and federal laws protecting student privacy.

(1) The performance measures a school district uses shall reflect the major categories of data collected under EMIS relating to students, staff, and financial status.

(2) The school district shall work with the department of education to submit timely and accurate data under EMIS, and the school district shall minimize the time it takes to verify the accuracy of its data.

(D) To ensure continuous improvement of its information system, the school district or school shall regularly evaluate the system to ensure that the information it collects is:

(1) Appropriate and collected in a manner that complies with state and federal laws protecting student privacy;

(2) Shared with parents, staff, students, and other stakeholders in accordance with state and federal laws protecting student privacy; and

(3) Used to improve the school district's or school's performance.

(E) The school district or school shall evaluate organizational effectiveness by analyzing key measures of its systems, operations and support services and use the data to drive improvement.

(F) The department of education may conduct site evaluations of school districts and schools, or, for chartered nonpublic schools, site visits of schools.

(1) When the department of education conducts a site evaluation of a school district or school or the site visit of a chartered nonpublic school, the superintendent shall be informed in advance of the site evaluation or site visit dates and procedures.

(2) A written report of the results of the school district site evaluation or site visit shall be sent to the superintendent and the president of the board of education or, for a chartered nonpublic school, the principal or building administrator of the chartered nonpublic school. The school district shall schedule a public meeting to be held within ninety days of the reports receipt to discuss the reports recommendations with the public. The superintendent shall notify parents and other stakeholders of the meetings place, date and time.

(3) The school district or school shall prepare a written plan for responding to the reports recommendations and submit it to the department of education.

(4) The department of education may conduct additional on-site verification to review progress.

(G) All school districts and schools shall conduct a comprehensive review of their educational programs and organizational effectiveness to determine whether they are aligned with Ohio law, all applicable federal laws, and the school districts locally defined vision, mission statement, goals, objectives and strategic plan.

(1) Educational program reviews shall be conducted periodically and scheduled to generate timely data. The department of education may help school districts or schools conduct the review.

(2) School districts or schools that have developed and implemented a continuous improvement plan shall use that plan as a framework for conducting the review. School districts or schools shall also be guided by:

(a) Where applicable, the most recent school district local report card;

(b) The five-year projection of revenue and expenditures; and

(c) Other pertinent information as determined by the district.

(3) School districts and schools shall incorporate the results of the educational program review within their educational goals, and where applicable, modify their strategic plans or continuous improvement plans accordingly.

(H) In accordance with section 3301.16 of the Revised Code, the department of education may investigate allegations of noncompliance with the rules in this chapter, as it deems necessary.

(I) In accordance with section 3301.07 of the Revised Code, waivers to the provisions of the rules of this chapter, excluding rule 3301-35-08 of the Administrative Code, may be granted by the superintendent of public instruction in accordance with standards determined by the state board of education upon evidence of good and sufficient reason and recommendation by the superintendent of public instruction.

Last updated May 24, 2021 at 9:11 AM

Supplemental Information

Authorized By: 3301.07
Amplifies: 3301.07, 3301.0714, 3301.16, 3302.03, 3302.04, 3302.041
Five Year Review Date: 5/24/2026
Prior Effective Dates: 2/24/2006
Rule 3301-35-08 | Non-chartered, non-tax supported school.
 

A school that is not chartered or seeking a charter from the state board of education because of truly held religious beliefs shall annually certify in a report to the parents of its pupils that the school meets Ohio minimum standards for non-chartered, non-tax supported schools cited in paragraphs (A) to (G) of this rule. A copy of said report shall be filed with the Ohio department of education on or before the thirtieth of September of each year.

(A) School year. The school shall be open for instruction with pupils in attendance for not less than four hundred fifty-five hours in the case of pupils in kindergarten unless such pupils are provided all-day kindergarten, in which case the pupils shall be in attendance for nine hundred ten hours; nine hundred ten hours in the case of pupils in grades one through six; and one thousand one hours in the case of pupils in grades seven through twelve in each school year according to section 3313.48 of the Revised Code.

(B) Pupil attendance. Pupil attendance shall be reported to facilitate administration of laws relating to compulsory education and the employment of minors. Parents shall be responsible for reporting their child's school enrollment or withdrawal. An individual in charge of the non-chartered, non-tax supported school may, as a matter of convenience, provide the report for the parent.

(1) The attendance report shall include the name, age, and place of residence of each pupil below eighteen years of age.

(2) The report shall be made to the treasurer of the board of education of the city, exempted village, or local school district in which the pupil resides.

(3) The report shall be made within the first two weeks of the beginning of each school year. In the case of pupil withdrawal or entrance during the school year, notice shall be given to the treasurer of the appropriate board(s) of education. Such notice shall be given within the first week of the next school month.

(C) Teacher and administrator qualifications. Teachers and administrators shall have received a bachelor's degree or the equivalent thereof from a recognized college or university.

(D) Courses of study. Each non-chartered, non-tax supported school shall have courses of study for the following subjects:

(1) Language arts;

(2) Geography, the history of the United States and Ohio, and national, state, and local government;

(3) Mathematics;

(4) Science;

(5) Health;

(6) Physical education;

(7) The fine arts, including music;

(8) First aid, safety, and fire prevention;

(9) Other subjects as prescribed by the non-chartered, non-tax supported school.

(E) Pupil promotion. Each non-chartered, non-tax supported school shall follow regular procedures for promotion from grade to grade of pupils who have met the school's educational requirements.

(F) Pupil health and safety. Each non-chartered, non-tax supported school shall comply with state and local health, fire, and safety laws.

(G) Pupils attending a non-chartered, non-tax supported school are not entitled to pupil transportation and pupils attending a non-chartered, non-tax supported school are not entitled to auxiliary services.

A non-chartered, non-tax supported school is not entitled to nonpublic administrative cost reimbursement.

Last updated May 24, 2021 at 9:11 AM

Supplemental Information

Authorized By: 3301.07
Amplifies: 3301.07, 3313.48, 3313.65, 3317.06, 3317.063, 3327.01, 5502.262
Five Year Review Date: 5/24/2026
Prior Effective Dates: 9/1/1983
Rule 3301-35-09 | Chartered nonpublic schools.
 

(A) A new chartered nonpublic school may be established and operated for a specified period in accordance with sections 3301.16 and 3313.48 of the Revised Code, Chapter 3301-39 of the Administrative Code, and the following procedures, provided the school has at least three grade levels or fifteen students:

(1) The principal or superintendent of the school contacts the Ohio department of education about beginning a school and participates in the "beginning a chartered nonpublic school" training conducted by the department;

(2) The department provides these operating standards and procedures for beginning a school;

(3) The principal or superintendent submits to the department a plan for meeting the operating standards that includes:

(a) Objectives related to the operating standards; and

(b) A timeline for meeting the operating standards and the procedures in rule 3301-39-03 of the Administrative Code; and

(4) The state superintendent of public instruction may recommend that the state board of education grant a charter when a site visit indicates that a school is meeting operating standards and the procedures in rule 3301-39-03 of the Administrative Code.

(B) A school shall report a change in location, ownership, or name; a merger; or the addition of an annex location of any school to the department no later than five business days after the change or addition has occurred. These types of changes or additions render the existing charter null and void. Upon notice of the change or addition and if the school complies with all requirements, the department shall issue a new charter to the school that incorporates the change or addition.

(C) A change in grade levels shall be reported to the department at least thirty days prior to the start of the school year in which the school intends to implement the change in grade levels, and, if a school intends to serve additional grades, the information described in paragraph (A)(3) of this rule.

(D) Notwithstanding paragraphs (B) and (C) of this rule, the closing of a location shall be reported to the department at least thirty days prior to the closing of the school.

(E) The department may require a school to submit a corrective action plan if the school fails to notify the department of changes in accordance with this rule or if the school fails to comply with the requirements in this rule. If the school fails to submit a corrective action plan that fully addresses the issues identified by the department or fails to comply with the requirements in this rule, the department may act to revoke the schools charter in accordance with rule 3301-39-04 of the Administrative Code.

(F) A nonpublic school chartered by the state board of education shall assure that its students are provided a general education of high quality by either:

(1) Being accredited by an association whose standards have been reviewed by the state superintendent's advisory committee on chartered nonpublic schools and approved by the state board of education; or

(2) Showing compliance with rules 3301-35-01 to 3301-35-07 of the Administrative Code except that:

(a) Notwithstanding paragraph (A) of rule 3301-35-05 of the Administrative Code, chartered nonpublic schools may consider religious affiliation in hiring and employment decisions to the extent permitted by law;

(b) Paragraphs (A)(2) and (A)(3) of rule 3301-35-05 of the Administrative Code regarding student-teacher ratios and educational service personnel does not apply;

(c) Paragraph (D)(2) of rule 3301-35-04 of the Administrative Code regarding a requirement to offer credit flexibility does not apply;

(d) Paragraph (B) of rule 3301-35-06 of the Administrative Code regarding stakeholder partnerships does not apply, except for the requirement that chartered nonpublic schools work with their key stakeholders;

(e) Paragraph (C)(3) of rule 3301-35-06 of the Administrative Code regarding a requirement to communicate information and procedures related to credit flexibility and educational options does not apply; and

(f) Notwithstanding paragraph (F)(2) of rule 3301-35-07 of the Administrative Code regarding site visit, chartered nonpublic schools are not required to hold a public meeting to discuss a report of the results of the site visit or to notify their parents and stakeholders of such a meeting. Chartered nonpublic schools shall notify their parents and stakeholders of the report issued by the department of education and make the report available to them.

(G) A chartered nonpublic school that does not meet the requirements set forth in paragraph (F) of this rule is subject to the provisions of paragraphs (H) and (I) of rule 3301-35-07 of the Administrative Code.

(H) The superintendent of public instruction shall establish an advisory committee on chartered nonpublic schools to make recommendations to the state board of education concerning development and administration of regulations for chartered nonpublic schools. Committee membership shall represent chartered nonpublic school constituency groups including the "Association of Christian Schools International"; the "Catholic Conference of Ohio"; the "Government Affairs Committee of Ohio Jewish Communities, Inc."; the "Lutheran Schools of Ohio"; the "Ohio Association of Independent Schools"; the "Seventh Day Adventist Schools, Ohio Conference"; and any other chartered nonpublic constituency approved by the existing advisory committee. Each group will have representation on the committee, and these groups will constitute no less than two-thirds of the committee's membership.

Last updated May 24, 2021 at 9:12 AM

Supplemental Information

Authorized By: 3301.07
Amplifies: 3301.07 , 3301.16, 3302.01, 3302.04, 3313.48, 3313.536, 3313.65, 3317.06, 3317.063, 3327.01
Five Year Review Date: 5/24/2026
Rule 3301-35-15 | Standards for the implementation of positive behavior intervention supports and the use of restraint and seclusion.
 

(A) Notwithstanding rule 3301-35-01 of the Administrative Code, the following definitions apply for purposes of this rule:

(1) "Aversive behavioral interventions" means an intervention that is intended to induce pain or discomfort to a student for the purpose of eliminating or reducing maladaptive behaviors, including such interventions as application of noxious, painful and/or intrusive stimuli, including any form of noxious, painful or intrusive spray, inhalant or taste or other sensory stimuli such as climate control, lighting and sound.

(2) "Behavior Intervention Plan" means a comprehensive plan for managing problem behavior by changing or removing contextual factors that trigger or maintain it, by strengthening replacement skills, teaching new skills and by providing positive behavior intervention and supports and services to address behavior.

(3) "Chemical restraint" means a drug or medication used to control a students behavior or restrict freedom of movement. Chemical restraint is prohibited by school districts in accordance with paragraph (D) of this rule. Chemical restraint, as used under this rule, does not apply to a drug or medication that is:

(a) Prescribed by a licensed physician, or other qualified health professional acting under the scope of the professionals authority under Ohio law, for the standard treatment of a students medical or psychiatric condition; and

(b) Administered as prescribed by the licensed physician or other qualified health professional acting under the scope of the professionals authority under Ohio law.

(4) "De-escalation techniques" means interventions that are used to prevent violent and aggressive behaviors and reduce the intensity of threatening, violent and disruptive incidents.

(5) "Functional Behavior Assessment" is a school-based process for students with disabilities and students without disabilities that includes the parent and, as appropriate, the child, to determine why a child engages in challenging behaviors and how the behavior relates to the childs environment. Consent from the parent and, as appropriate, the child, is to be obtained at the initial functional behavior assessment.

(6) "Mechanical restraint" means any method of restricting a students freedom of movement, physical activity, or normal use of the students body by using an appliance or device manufactured for this purpose; but does not mean a device used by trained student personnel, or used by a student, for the specific and approved therapeutic or safety purpose for which the device was designed and, if applicable, prescribed, including:

(a) Restraints for medical immobilization;

(b) Adaptive devices or mechanical supports used to allow greater freedom of mobility than would be possible without the use of such devices or mechanical supports; or

(c) Vehicle safety restraints when used as intended during the transport of a student in a moving vehicle.

(7) "Parent" means:

(a) A biological or adoptive parent;

(b) A guardian generally authorized to act as the childs parent, or authorized to make decisions for the child (but not the state if the child is a ward of the state);

(c) An individual acting in the place of a biological or adoptive parent (including a grandparent, stepparent or other relative) with whom the child lives, or an individual who is legally responsible for the childs welfare;

(d) A surrogate parent who has been appointed in accordance with paragraph (E) of rule 3301-51-05 of the Administrative Code; or

(e) Any person identified in a judicial decree or order as the parent of a child or the person with authority to make educational decisions on behalf of a child.

(8) "Physical escort" means the temporary touching or holding of the hand, wrist, arm, shoulder, waist, hip, or back for the purpose of inducing a student to move to a safe location.

(9) "Physical restraint" means the use of physical contact in a way that immobilizes or reduces the ability of an individual to move the individuals arms, legs, body, or head freely. Such term does not include a physical escort, mechanical restraint, or chemical restraint. Physical restraint does not include brief physical contact for the following or similar purposes:

(a) To break up a fight;

(b) To knock a weapon away from a students possession;

(c) To calm or comfort;

(d) To assist a student in completing a task/response if the student does not resist the contact; or

(e) To prevent imminent risk of injury to the student or others.

(10) "Positive behavior intervention and supports" has the same meaning as in section 3319.46 of the Revised Code.

(11) "Positive Behavior Intervention and Supports leadership team" means the assigned team at the district and building level that plans, coaches and monitors positive behavior intervention and supports implementation in the district and building. Positive behavior intervention and supports leadership teams may include, but are not limited to, school administrators, teacher representatives across grade levels and programs, staff able to provide behavioral expertise, and other representatives identified by the district or school such as bus drivers, food service staff, custodial staff, and paraprofessionals.

(12) "Prone restraint" means physical or mechanical restraint while the individual is in the face-down position.

(13) "School district" means a local, exempted village, city, joint vocational or cooperative education school district as defined in Chapter 3311. of the Revised Code; an educational service center that operates a school or educational program; a community school as defined in Chapter 3314. of the Revised Code; a science, technology, engineering, and mathematics school as defined in Chapter 3326. of the Revised Code; or a college-preparatory boarding school as defined in Chapter 3328. of the Revised Code. For purposes of this rule, the term does not include schools operated in facilities under the jurisdiction of the department of rehabilitation and corrections or the department of youth services.

(14) "Seclusion" means the involuntary isolation of a student in a room, enclosure, or space from which the student is prevented from leaving by physical restraint or by a closed door or other physical barrier.

(15) "Student" means an individual enrolled in a school district.

(16) "Student personnel" means teacher, principal, counselor, social worker, school resource officer, teachers aide, psychologist, bus driver, related services providers, nursing staff, or other school district staff who interact directly with students.

(17) "Timeout" means a behavior intervention in which a student, for a limited and specified time, is separated from the class within the classroom or in a non-locked setting for the purpose of self-regulating and controlling his or her own behavior. In a timeout, the student is not physically restrained or prevented from leaving the area by physical barriers.

(B) Positive behavior intervention and supports framework. Each school district shall implement positive behavior intervention and supports on a system-wide basis in accordance with section 3319.46 of the Revised Code and this rule.

(1) The requirements for a districts implementation of a positive behavior intervention and supports framework are as follows:

(a) Includes a decision-making framework that guides selection, integration, and implementation of evidence-based academic and behavior practices for improving academic and behavior outcomes for all students.

(b) Includes the following integrated elements:

(i) Data-based decision making (to select, monitor, and evaluate outcomes, practices, and systems);

(ii) Evidence-based practices along a multi-tiered continuum of supports;

(iii) Systems that enable accurate and sustainable implementation of practices; and

(iv) Progress monitoring for fidelity and target outcomes.

(2) Standards for a school districts implementation of positive behavior intervention and supports framework include:

(a) Student personnel to receive professional development in accordance with paragraph (C) of this rule;

(b) Explicit instruction of school-wide behavior expectations;

(c) Consistent systems of acknowledging and correcting behaviors;

(d) Teaching environments designed to eliminate behavior triggers; and

(e) Family and community involvement.

(C) Professional development for the implementation of positive behavior intervention and supports. The following are requirements for professional development to be received by student personnel to implement positive behavior intervention and supports on a system-wide basis:

(1) Occurs at least every three years;

(2) Provided by a building or district positive behavior intervention and supports leadership team or an appropriate state, regional, or national source in collaboration with the building or district positive behavior intervention and supports leadership team;

(3) The trained positive behavior intervention and supports leadership team will provide professional development to the school or district in accordance with a district developed positive behavior intervention and supports training plan. Its the districts responsibility to retain records of completion of the professional development; and

(4) The professional development under this rule will include the following topics:

(a) An overview of positive behavior intervention and supports;

(b) The process for teaching behavioral expectations;

(c) Data collection;

(d) Implementation of positive behavior intervention and supports with fidelity;

(e) Consistent systems of feedback to students for acknowledgment of appropriate behavior and corrections for behavior errors; and

(f) Consistency in discipline and discipline referrals.

(5) For the purpose of satisfying the professional development requirements of this rule, the district may accept any professional development or continuing education provided in accordance with division (B) of section 3319.237 of the Revised Code, as long as the professional development or continuing education meets the professional development requirements of paragraph (C)(4) of this rule.

(6) Districts and schools are to ensure that they have continuous training structures in place to provide ongoing coaching and implementation with fidelity.

(7) The listed requirements may be appropriately modified for the intended audience.

(D) General rules for restraint and seclusion.

(1) The following practices are prohibited by student personnel under any circumstance:

(a) Prone restraint;

(b) Any form of physical restraint that involves the intentional, knowing, or reckless use of any technique that:

(i) Involves the use of pinning down a student by placing knees to the torso, head, or neck of the student;

(ii) Uses pressure point, pain compliance, or joint manipulation techniques; or

(iii) Otherwise involves techniques that are used to unnecessarily cause pain.

(c) Corporal punishment as defined in section 3319.41 of the Revised Code;

(d) Child endangerment, as defined in section 2919.22 of the Revised Code;

(e) Deprivation of basic needs;

(f) Seclusion or restraint of preschool children in violation of paragraph (D) of rule 3301-37-10 of the Administrative Code and this rule;

(g) Chemical restraint;

(h) Mechanical restraint;

(i) Aversive behavioral interventions; and

(j) Seclusion in a locked room or area.

(2) A school district may only use physical restraint or seclusion if staff:

(a) Are appropriately trained to protect the care, welfare, dignity, and safety of the student;

(b) Continually observe the student in restraint and seclusion for indications of physical or mental distress and seek immediate medical assistance if there is a concern;

(c) Use communication strategies and research-based de-escalation techniques in an effort to help the student regain control;

(d) Remove the student from physical restraint or seclusion immediately when the immediate risk of physical harm to self or others has dissipated;

(e) Conduct a de-briefing including all involved staff to evaluate the trigger for the incident, staff response, and methods to address the students behavioral needs; and

(f) Complete all mandatory reports and document staffs observations of the student.

(E) Physical restraint.

(1) Prone restraint, including any physical restraint that obstructs the airway of the student, or any physical restraint that impacts a students primary mode of communication, is prohibited. A statement to this effect is to be included in the school districts policy. Student personnel may use physical restraint only as a last resort and in accordance with local policy and the requirements of this rule.

(2) Physical restraint may be used only:

(a) If a students behavior poses an immediate risk of physical harm to the student or others and no other safe or effective method of intervention is available;

(b) If the physical restraint does not obstruct the students ability to breathe;

(c) If the physical restraint does not interfere with the students ability to communicate in the students primary language or mode of communication; and

(d) By student personnel who are trained in safe restraint techniques, except in the case of rare and unavoidable emergency situations when trained personnel are not immediately available.

(3) Physical restraint may not be used for punishment or discipline or as a substitute for other less restrictive means of assisting a student in regaining control.

(F) Seclusion

(1) Seclusion may be used only:

(a) If a students behavior poses an immediate risk of physical harm to the student or others and no other safe or effective method of intervention is available;

(b) As a last resort to provide an opportunity for the student to regain control of his or her actions;

(c) For the minimum amount of time necessary for the purpose of protecting the student and others from physical harm;

(d) In a room or area that:

(i) Is not locked;

(ii) Does not prevent the student from exiting the area should staff become incapacitated or leave the area; and

(iii) Provides adequate space, lighting, ventilation, and the ability to observe the student; and

(e) If under constant supervision by staff who are trained to be able to detect indications of physical or mental distress that require removal and/or immediate medical assistance and who document their observations of the student.

(2) Seclusion may not be used:

(a) For punishment or discipline;

(b) For the convenience of staff;

(c) As a substitute for an educational program;

(d) As a substitute for inadequate staffing;

(e) As a substitute for staff training in positive behavior intervention and supports framework and crisis management;

(f) As a means to coerce, retaliate, or in a manner that endangers a student; or

(g) As a substitute for other less restrictive means of assisting a student in regaining control, such that it is reflective of the cognitive, social and emotional level of the student.

(G) Multiple incidents of restraint and seclusion.

(1) After the third incident of physical restraint or seclusion in a school year of a student who has been found eligible for special education services or has a 504 plan, the requirements are as follows:

(a) The students individualized education program or 504 team will meet within ten school days of the third incident;

(b) The individualized education program or 504 team will consider the need to conduct or develop a functional behavior assessment or behavior intervention plan, or amend an existing functional behavior assessment or behavior intervention plan.

(2) For students not described in paragraph (G)(1) of this rule, a team, consisting of the parent, an administrator or designee, a teacher of the student, a staff member involved in the incident (if not the teacher or administrator already invited), and other appropriate staff members will meet within ten school days of the third incident to discuss the need to conduct or review a functional behavior assessment and/or develop a behavior intervention plan.

(3) Nothing in this section is meant to prevent the completion of a functional behavior assessment or behavior intervention plan for any student who might benefit from these measures, but has fewer than three incidents of restraint or seclusion.

(4) Nothing in this rule is meant to prevent a school district from conducting any evaluations or other obligations they feel appropriate under the Individuals with Disabilities Education Act.

(H) Training and professional development for the use of crisis management and de-escalation techniques which includes the use of restraint and seclusion.

(1) A school district shall ensure that an appropriate number of personnel in each building are trained annually in evidence-based crisis management and de-escalation techniques, as well as the safe use of physical restraint and seclusion. The minimum training requirements are as follows:

(a) Proactive measures to prevent the use of seclusion or restraint;

(b) Crisis management;

(c) Documentation and communication about the restraint or seclusion with appropriate parties;

(d) The safe use of restraint and seclusion;

(e) Instruction and accommodation for age and body size diversity;

(f) Directions for monitoring signs of distress during and following physical control;

(g) Debriefing practices and procedures;

(h) Face-to-face training;

(i) Allow for a simulated experience of administering and receiving physical restraint; and

(j) Ensure that participants will demonstrate proficiency in items described in paragraphs (H)(1)(a) to (H)(1)(i) of this rule.

(2) The school district shall maintain written or electronic documentation that includes the following:

(a) The name, position, and building assignment of each person who has completed training;

(b) The name, position, and credentials of each person who has provided the training;

(c) When the training was completed; and

(d) What protocols, techniques, and materials were included in training.

(3) As part of the training under this rule, student personnel are to be trained to perform the following functions:

(a) Identify conditions such as: where, under what conditions, with whom and why specific inappropriate behavior may occur; and

(b) Use preventative assessments that include at least the following:

(i) A review of existing data;

(ii) Input from parents, family members, and students; and

(iii) Examination of previous and existing behavior intervention plans.

(I) Policies and procedures. A school district shall develop written policies and procedures for the implementation of positive behavior intervention and supports and the use of seclusion and restraint that are consistent with section 3319.46 of the Revised Code and this rule. A district's complaint procedures shall include:

(1) A written procedure for a parent to present written complaints to the superintendent of the school district to initiate a complaint investigation by the school district regarding an incident of restraint or seclusion. Additionally, the procedure will inform the parent of additional options for complaints to include other public agencies such as law enforcement, the county department of job and family services, or the office of professional conduct within the Ohio department of education, as defined in paragraph (L) of this rule;

(2) Annually, a school district will provide a review regarding the content of this rule and any local policies or procedures related to the use of positive behavior intervention and supports, physical restraint and seclusion;

(3) An annual notice which informs parents of the districts policies or procedures related to the requirements of positive behavior intervention and supports, physical restraint and seclusion, including the local complaint process; and

(4) Within thirty days of the filing of a complaint regarding an incident of restraint and seclusion, its the districts responsibility to make reasonable efforts to have an in-person follow up meeting with the parent.

(5) Districts are to ensure there is a support plan in place for substitute teachers if they need assistance with positive behavior intervention and supports or crisis management and de-escalation, which includes restraint and seclusion.

(J) Monitoring. A school district shall establish a procedure to monitor the implementation of this rule and the districts policy on positive behavior intervention and supports and restraint and seclusion. Each school district shall make its records concerning positive behavior intervention and supports and restraint and seclusion available to staff from the Ohio department of education upon request.

(K) Reporting.

(1) Any incident of seclusion or restraint shall be immediately reported to building administration and the parent and also be documented in a written report that is issued to the parent immediately or within twenty-four hours. This written report is thereafter maintained by the school district, including the county board of developmental disabilities or the educational service center in the event the district delegates this responsibility.

(2) A school district shall annually report information regarding its use of restraint and seclusion to the Ohio department of education in the form and manner as prescribed by the department. Failure to report may subject the school district to a corrective action plan and/or a potential reduction in funding. A school district that chooses to educate its student through a county board of developmental disabilities or to an educational service center reports as follows:

(a) Report all information on the use of restraint and seclusion by the county board of developmental disabilities or educational service center to the department; or

(b) Authorize the county board of developmental disabilities or the educational service center to report information on the use of restraint and seclusion directly.

(L) Complaint process. A parent may choose to file a complaint with the Ohio department of education, office of integrated student supports, in accordance with the complaint procedures available and as outlined below. The term "school district" as used in this rule means those entities listed in paragraph (A)(13) of this rule.

(1) The parent forwards a copy of the complaint to the school district serving the child at the same time the party files the complaint with the Ohio department of education.

(2) A sufficient complaint includes the following:

(a) A statement that a school district has violated a requirement of paragraphs (G) to (K) of this rule;

(b) The facts on which the statement is based; and

(c) The signature and contact information for the parent.

(3) Timeline of the complaint:

(a) The complaint must allege a violation that occurred not more than one year prior to the date that the complaint is received.

(b) The Ohio department of education, office of integrated student supports has a time limit of ninety days after the complaint is filed to:

(i) Provide the school district with the opportunity to respond to the parent, including, at the discretion of the school district, a proposal to resolve the complaint;

(ii) Give the parent the opportunity to submit additional information, either orally or in writing, about the allegations of the complaint;

(iii) Review all relevant information and make an independent determination as to whether the school district is violating a requirement;

(iv) Carry out an independent investigation, whether on-site or off-site, if the Ohio department of education determines that an investigation is needed;

(v) Issue a written decision to the complainant that addresses each allegation in the complaint and contains findings of fact and conclusions and the reasons for the Ohio department of educations final decision.

(4) This rule does not limit the ability of a parent of a student with a disability to file a complaint under any other provision of law.

Last updated June 24, 2021 at 8:34 AM

Supplemental Information

Authorized By: 3301.07, 3319.03, 3319.46, 3326.11, 3328.24
Amplifies: 3301.07, 3319.03, 3319.46, 3326.11, 3328.24
Five Year Review Date: 6/24/2026
Prior Effective Dates: 6/22/2015