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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.
 

As used in this chapter:

(A) "Charter"means a document issued by the department to a school or school district pursuant to section 3301.16 of the Revised Code.

(B) "Department" means the department of education and workforce.

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

(D) "Accrediting association" means an organization whose standards have been reviewed by the department director's nonpublic advisory committee established pursuant to rule 3301-35-09 of the Administrative Code and approved by the department .

Last updated February 9, 2026 at 7:44 AM

Supplemental Information

Authorized By: 3301.07
Amplifies: 3301.07, 3317.024, 3317.06, 3327.01
Five Year Review Date: 6/15/2028
Rule 3301-39-03 | Procedures.
 

(A) A nonpublic school seeking a charter or reissue of a charter shall submit an application as prescribed by the department.

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

(2) A nonpublic school seeking an initial charter shall submit an application between November first and January fifteenth. The school may delay completing the steps necessary to obtain the charter for up to twenty-four months after the closure of the application period in which the application was submitted.

(3) A nonpublic school seeking to have its charter reissued due to a change in location, 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) A nonpublic school seeking an initial charter shall complete and submit to the department the form entitled "Report of a Nonpublic School" not less than fourteen days prior to the first scheduled site visit.

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

(D) The department will approve and issue an initial charter to a nonpublic school following 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 will consider evidence provided by an accrediting association if the school is accredited by an association whose standards have been reviewed by the department director's advisory committee on chartered nonpublic schools and approved by the department pursuant to paragraph (A)(1) of rule 3301-35-09 of the Administrative Code.

(E) The following apply to a charter for a nonpublic school requesting reissue of a charter due to a change in location, or ownership, or name; a merger; addition of grade levels; leaving an approved accrediting organization; or the addition of an annex location:

(1) The charter will be issued within thirty days of satisfactory completion and submission of application and supporting documentation.

(2) The department will conduct a site visit of the nonpublic school within six months of reissuance of its charter.

(3) In the case of a change in location or addition of an annex, the department will conduct a site visit of the nonpublic school prior to reissuance of the charter.

(4) In the case of a change of name only, the department may elect to forgo a site visit of the nonpublic school.

Last updated February 9, 2026 at 7:44 AM

Supplemental Information

Authorized By: 3301.07
Amplifies: 3301.07, 3317.024, 3317.06, 3327.01
Five Year Review Date: 6/15/2028
Prior Effective Dates: 4/27/2017, 6/15/2023
Rule 3301-39-04 | Oversight/revocation of charter.
 

(A) A nonpublic school holding a charter issued by the department shall be subject to monitoring and oversight by the department's office of nonpublic educational options, 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 will consider evidence provided by an accrediting association if the school is accredited by an association whose standards have been reviewed by the department director's advisory committee on chartered nonpublic schools and approved by the department pursuant to paragraph (A)(1) of rule 3301-35-09 of the Administrative Code.

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

The department will conduct a site visit of a charted nonpublic school within six months of notice that the school is leaving an accrediting organization.

(C) Should any dispute or complaint arise regarding a chartered nonpublic 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, provided by the aggrieved party to the office of nonpublic education options. Prior to making a determination, the department will do all of the following:

(a) Notify the chartered nonpublic school's governing authority and accrediting organization and provide a description of the complaint and process for investigating complaints;

(b) Consider any evidence, if applicable, from the accrediting organization and the governing authority of the school;

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

(2) Upon completing its investigation,the department may permit the chartered nonpublic school to satisfactorily complete a corrective action plan in lieu of revocation under rule 3301-35-09 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 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 chartered nonpublic school is not in compliance with rule 3301-35-09 of the Administrative Code or other applicable Ohio laws and rules and the school does not fully address all compliance issues within the time period specified in a corrective active plan established by the department, the office of nonpublic educational options will notify the chartered nonpublic school of its intent to recommend to the department director that its charter be revoked and of the school's right to a hearing pursuant to Chapter 119. of the Revised Code.

(F) If a hearing is requested, upon conclusion of the hearing and consideration of a designated hearing officer's report and recommendation, the director may approve or deny the recommendation of the office of nonpublic educational options and revoke the charter of the nonpublic school.

Last updated February 9, 2026 at 7:44 AM

Supplemental Information

Authorized By: 3301.07
Amplifies: 3301.07, 3317.024, 3317.06, 3327.01
Five Year Review Date: 6/15/2028
Prior Effective Dates: 6/15/2023