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

Chapter 3301-39 | Approval of Nonpublic Schools

 
 
 
Rule
Rule 3301-39-01 | Definitions.
 

(A) "Charter" - a document issued by the state board of education to a school or school district pursuant to section 3301.16 of the Revised Code.

(B) "Department" - the Ohio department of education.

(C) "Nonpublic school" - any school, other than a public school, providing instruction for pupils of compulsory school age.

(D) "Accrediting association" an organization whose standards have been reviewed by the state superintendent's nonpublic advisory committee and approved by the Ohio department of education.

Last updated June 16, 2023 at 9:00 AM

Supplemental Information

Authorized By: 3301.07 (D)(2) and (M)
Amplifies: 3301.07(D)(2), 3317.024, 3317.06, 3327.01
Five Year Review Date: 6/15/2028
Prior Effective Dates: 4/27/2017
Rule 3301-39-03 | Procedures.
 

(A) Nonpublic schools seeking a charter or reissue of a charter, shall submit an application as prescribed by the department.

(1) The application and application process, including a list of required documents and assurances for the upcoming school year, shall be published on the department website (www.education.ohio.gov) no later than October first.

(2) Applications for schools seeking an initial charter shall be submitted between November first and December thirty-first prior to the school year in which the school plans to operate under a charter. Schools may delay finalizing their charter for up to one year.

(3) A nonpublic school seeking to have its charter reissued due to relocation, ownership, or name; a merger; or the addition of an annex location of any school may request reissue of a charter at any time during the year.

(B) Nonpublic schools seeking an initial charter shall complete and submit the form entitled "Report of Nonpublic School" not less than fourteen days prior to the first day of school for students.

(C) The department will conduct not less than two site visits during the first year of operation under the initial charter, with the initial site visit taking place no later than September thirtieth for nonpublic schools whose applications and supporting documentation is completed and submitted by July first. Nonpublic schools completing all application requirements after July first will receive an initial site visit within ninety days of completion of the application.

(D) The state board of education shall approve and issue an initial charter to a nonpublic school satisfactory completion of a site visit by the department in which the department determines the nonpublic school has complied with rule 3301-35-09 of the Administrative Code . In making its determination, the department shall consider evidence provided by an accrediting association if the school is 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 pursuant to paragraph (A)(1) of rule 3301-35-09 of the Administrative Code.

(E) Charters for nonpublic schools requesting reissue of a charter due to relocation, ownership, or name; a merger; or the addition of an annex location shall be issued within thirty days of satisfactory completion and submission of application and supporting documentation. The department will conduct a site visit of nonpublic schools within six months of reissuance of its charter.

(F) Nonpublic schools that submitted an application for an initial charter prior to the effective date of this rule must complete submission of all required documents no later than December 31, 2023. The department will work to complete any remaining site visits for these schools by March 31, 2024.

Last updated June 16, 2023 at 9:01 AM

Supplemental Information

Authorized By: 3301.07(D)(2) and (M)
Amplifies: 3301.07(D)(2), 3317.024, 3317.06, 3327.01
Five Year Review Date: 6/15/2028
Prior Effective Dates: 10/1/1982
Rule 3301-39-04 | Oversight/revocation of charter.
 

(A) A nonpublic school issued a charter by the state board of education shall be subject to monitoring and oversight by the department, including periodic reviews through site-visit, desk audit, investigations of complaints and other means to determine if the nonpublic school is in compliance with rule 3301-35-09 of the Administrative Code and other applicable Ohio laws and rules. In fulfilling its obligation to provide monitoring and oversight, the department shall consider evidence provided by an accrediting association if the school is 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 pursuant to paragraph (A)(1) of rule 3301-35-09 of the Administrative Code.

(B) If a nonpublic school leaves an accrediting association through which a chartered nonpublic school has received its charter in accordance with rule 3301-35-09 of the Administrative Code, the nonpublic school is required to notify the department within thirty days and provide evidence that they are continuing to meet the requirements of rule 3301-35-09 of the Administrative Code.

(C) Should any dispute or complaint arise regarding a school's compliance with rule 3301-35-09 of the Administrative Code or other applicable Ohio laws and rules, the department is the final authority in the resolution of the dispute or complaint.

(1) The department will review all complaints, including any evidence supporting the position of the complainant, sent in writing by the aggrieved party to the office of nonpublic education options. Prior to making a determination, the department will do the following:

(a) Notify the school's governing authority;

(b) Consider any evidence from the accrediting organization and/or the governing authority of the school;

(c) Review all available evidence and make a final determination.

(2) The department may permit the nonpublic school to satisfactorily complete a corrective action in lieu revocation under rule 3301-35-04 of the Administrative Code.

(D) If a chartered nonpublic school ceases K-12 operations, it shall notify the department within thirty days and may request a one year suspension of its charter with the intention of re-opening within twelve months. If the school does not resume K-12 operations within one year of being issued the suspension of charter, the chartered nonpublic school is to notify the department that K-12 operations have permanently ceased under that charter.

(E) If a determination is made by the department that a nonpublic school is not in compliance with rule 3301-35-09 of the Administrative Code or other applicable Ohio laws and rules and the nonpublic school does not fully address all compliance issues within the time period specified in a corrective active plan established by the department, the department will notify the chartered nonpublic school of its intent to recommend to the state board of education that its charter be revoked, and of the nonpublic school's right to a hearing pursuant to Chapter 119. of the Revised Code.

(F) Upon conclusion of the hearing and consideration of a designated hearing officer's report and recommendation, the state board may approve or deny the recommendation of the department and revoke the charter of the nonpublic school.

Last updated June 16, 2023 at 9:01 AM

Supplemental Information

Authorized By: 3301.07(D)(2) and (M)
Amplifies: 3301.07(D)(2), 3317.024, 3317.06, 3327.01
Five Year Review Date: 6/15/2028