This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and
universities.
Rule |
Rule 3301-45-01 | Purpose.
Effective:
December 24, 2020
Chapter 3301-45 of the Administrative Code pertains
to the twenty-two plus program, which allows a student twenty-two years of age
and older, to obtain a high school diploma through this program pursuant to
section 3317.231 of the Revised Code.
Last updated February 11, 2025 at 8:42 AM
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Rule 3301-45-02 | Definitions.
The following terms are defined as they are used in
the rules in this chapter: (A) "Certificate of completion"
means the certificate developed by the department of education and workforce to
certify all requirements for a high school diploma have been
completed. (B) "Competency-based
education" refers to any system of academic instruction, assessment,
grading and reporting where students receive credit based on demonstrations and
assessments of their learning, not as a function of how much time they spend
studying a subject. Students progress at their own pace, competency-based
education encourages accelerated learning among students who master academic
material quickly, and provides additional instructional support time for
students who need it to stay on track. (C) "Credit recovery plan"
means the plan and timeline developed for each participant, specifying the
courses and assessments required to be completed to fulfill graduation
requirements. (D) "Department" means the
department of education and workforce. (E) "Eligible individual"
refers to any person living in Ohio, aged twenty-two years of age or older, who
has not been awarded a high school diploma or a certificate of high school
equivalence as defined in division (E) of section 4109.06 of the Revised
Code. (F) "Enrolled" refers to the
status of a participant who applied for and has been accepted into the program
by a provider and the department. (G) "High school diploma" means
the document given to an individual who has successfully completed the
competency-based standards required for graduation as described in this
chapter. (H) "Instruction and assessment
activities" include, but are not limited to credit-bearing, subject-matter
specific courses and state and local assessments. (I) "Participant" refers to
an eligible individual who applied for and has been accepted into the program
by a provider and the department. (J) "Program" or
"twenty-two plus program" means a program for which rules were
adopted in accordance with section 3317.231 of the Revised Code and provide
adults twenty-two years of age and older the opportunity to earn a diploma in
accordance with sections 3314.38, 3317.23, 3317.24, and 3345.86 of the Revised
Code. (K) "Provider" means a
community school that operates a dropout prevention and recovery program; a
city, local, or exempted village school district that operates a dropout
prevention and recovery program; a joint vocational school district that
operates an adult education program; or a community college, university branch,
technical college or state community college. (L) "Provider Performance
Report" means the measurements of success for program providers, as
defined by rule 3301-45-06 of the Administrative Code. (M) "School year" or
"fiscal year" means the twelve-month period beginning July first in a
calendar year and ending June thirtieth of the following calendar
year.
Last updated July 1, 2025 at 8:59 AM
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Rule 3301-45-03 | Provider application.
(A) The department shall develop
procedures for educational institutions to apply to become providers of
educational services to participants. (B) No educational institution or
provider may apply that has a graduation rate lower than forty per cent unless
a corrective action plan is submitted to the department. (C) Provider applicants apply to the
department by July first of the fiscal year in which they wish to be a
provider. Provider applicants will be notified within thirty days of the
department receiving their application of their application's
status. (D) For all initial applications, a
provider is required to submit to the department detailed information,
including, but not be limited to: (1) How the provider
applicant intends to assess and award prior credit through the evaluation of
student transcripts, work experience, and other prior experience; (2) How the provider
applicant intends to assess the mastery of competencies and award credit during
participation in the program; (3) Support services
available to participants, including academic and career counseling to address
post-secondary and workforce training options; (4) If the provider
enrolls students in grades kindergarten to twelve, how the institution will
ensure that participants will not be assigned to classes or settings with
students younger than eighteen years of age; (5) How the provider
applicant will ensure the twenty-two plus program is accessible to all
students, including, but not limited to, race, ethnicity, gender, individuals
with disabilities, individuals from economically disadvantaged families, single
parents, including pregnant women, out-of-workforce individuals, English
learners, and homeless individuals, pursuant to rule 3301-13-09 of the
Administrative Code; and (6) Assurances that the
provider will comply with any reviews, audits, and on-site visits conducted by
the department of education and workforce. (E) Approved providers shall update their
applications and provide written notice to the department if there are any
changes made to their program. Subject to paragraph (D) of this rule, approved
providers will continue to be approved as a provider each year for a maximum of
five years upon providing to the department evidence of meeting the
requirements set forth in paragraphs (E)(1) and (E)(2) of this rule. At the end
of the fifth year, providers will need to apply in accordance with paragraph
(D) of this rule. (1) Approved providers
must maintain a graduation rate at forty per cent or higher. (2) Approved providers
must ensure that at least eighty per cent of twenty-two plus participants
complete a minimum of forty per cent of the participant's outstanding
graduation requirements during year one of the program. (F) The department will monitor each
provider's compliance with the requirements of this chapter. Failure to
comply may result in the withdrawal of funding and the educational institution
becoming ineligible to provide services under this program. Providers that do
not meet one or more of the criteria in paragraph (E) of this rule, will be
removed from the program for a period of one fiscal year and may reapply the
following fiscal year. (G) Community schools providing services
to participants must provide assurances, in writing, that the governing
authority for the community school and the sponsor of the community school are
aware of and consent to participation in the program as a provider. Sponsors of
community schools providing services to participants under this chapter shall
include compliance and performance provisions in contracts executed under
section 3314.03 of the Revised Code. In addition to oversight by the
department, sponsors are responsible for monitoring compliance and performance
of community schools providing services to participants under this
chapter.
Last updated July 1, 2025 at 9:00 AM
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Rule 3301-45-04 | Provider requirements.
Effective:
December 24, 2020
(A) Providers shall report enrollment on
a full-time equivalency (FTE) basis for adult high school programs operated by
the provider to the department. (B) The department shall periodically
review enrollment and attendance policies, enrollment data and the educational
institution's procedures for maintaining enrollment and attendance
documentation substantiating payments made to the educational institutions for
participating adult learners. (C) Adult learners shall not be used in
the calculation of state weighted funding (categorical funding) available in
the regular kindergarten through twelfth grade funding formula, nor shall adult
learners be included in the calculation of federal title fund allocations for
public school districts, unless at such time a federal entitlement fund is
specifically inclusive of adult learners. Adult learners enrolled in the adult
(twenty-two plus) high school diploma program shall not be used in the
calculation of the state subsidy performance funding formula for post-secondary
institutions. (D) Providers are to submit participant
applications to the department between August first and June first of any given
fiscal year. (E) Providers will not receive funding
for coursework or assessments taken prior to the participant having reached
awarded status. (F) Providers must submit all invoices
for amounts due under the program by June thirtieth of the fiscal year in which
a participant participated in the program. (G) Providers shall complete and submit
to the appropriate school district of residence a certificate of completion for
each participant who meets all graduation requirements within thirty days of
the participant's completion of graduation requirements. (H) Providers must provide career
counseling to all participants. (I) The department will monitor each
provider's compliance with the requirements of this chapter. Failure to
comply may result in the withdrawal of funding and the educational institution
becoming ineligible to provide services under this program. (J) Providers report annually, no later
than August fifteenth, the following for each participant: (1) Demographic
information, including age at enrollment, gender, race/ethnicity; (2) The number of courses
and/or assessments needed to graduate at the time of enrollment; (3) The number and
subject of each course in which a participant participated during the school
year; (4) The number and
subject of each course a participant completed during the school
year; (5) The subject area
graduation tests needed to graduate at the time of enrollment; (6) The end-of-course
tests and total points needed to graduate at the time of
enrollment; (7) The number, by
subject area, of graduation tests passed during the school year;
and (8) Date diploma awarded,
if applicable.
Last updated February 11, 2025 at 8:43 AM
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Rule 3301-45-05 | Enrollment.
Effective:
December 24, 2020
(A) The department shall develop a
reporting system to track enrollment of participants throughout the course of a
school year to maximize capacity of the program. (B) The department may limit enrollment
by a provider to ensure that services for participants are accessible
throughout the state.
Last updated February 11, 2025 at 8:43 AM
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Rule 3301-45-06 | Measurement of provider performance.
(A) The department shall report each
provider's performance related to the twenty-two plus program in the
provider performance report. (B) To prepare the provider performance
report, the department of education and workforce shall collect, monitor and
report the following performance measures for each provider: (1) Average number of
credits earned per participant; (2) Percentage of
participants completing forty per cent or more of credits necessary to earn a
diploma during year one of participation in the twenty-two plus
program; (3) Average FTE per student is calculated
in the following manner: FTE of .2 being equal to one course and FTE of .1
being equal to one assessment; (4) Number and percentage of participants
who earned their diploma, withdrew from the program, and/or returned for their
second year; and (5) Performance on state-required content
assessments and other relevant work-readiness tests (such as WorkKeys, or
technical skill tests). (C) The department shall publish the
provider performance report on the department's website
(education.ohio.gov) annually. (D) In order to be eligible to enroll
additional participants for the following school year,the average number of
credits earned per participant must meet or exceed forty per cent of the total
number of credits necessary to meet graduation requirements. (E) The department of education and
workforce shall establish a minimum performance level for percentage of
diplomas awarded.
Last updated July 1, 2025 at 9:00 AM
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Rule 3301-45-07 | Process to earn a high school diploma.
Effective:
December 24, 2020
(A) Providers are required to complete
and maintain a credit recovery plan for each participant in the application
that outlines the courses and assessments needed to complete all requirements
for a diploma. (B) The applicable graduation
requirements for a participant's credit recovery plan are those that were
in place for the state of Ohio at the time the participant first entered the
ninth grade. (C) A diploma shall be awarded to a
participant who: (1) Earns high school
credit as outlined in section 3313.603 of the Revised Code; (2) Satisfies the
applicable testing requirements as outlined in section 3313.614 of the Revised
Code; and (3) The department will
determine an acceptable alternate assessment if an assessment is no longer
available. (D) The provider shall have in place
progress benchmarks, established within the individual student success plan, to
monitor each participant's advancement toward completing a high school
diploma and becoming career ready. (E) In consultation with the department,
providers may award appropriate prior learning credit using educational options
for work-based learning experiences prior to enrolling the student in the
twenty-two plus program. (F) No reimbursement shall be granted for
prior learning credit.
Last updated February 11, 2025 at 8:43 AM
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Rule 3301-45-08 | Contracting educational services.
Effective:
December 24, 2020
(A) Providers may contract services
provided under this chapter to appropriate third-party entities. (B) Notwithstanding paragraph (A) of this
rule, approved providers are responsible for: (1) Accurate reporting of
performance, and enrollment information; and (2) Administering
policies and procedures for the program in accordance with this
chapter. (C) Contractors may consult directly with
the department as it pertains to: (1) Technical support;
and (2) Application
support.
Last updated February 11, 2025 at 8:43 AM
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Rule 3301-45-09 | District of residence.
Effective:
December 24, 2020
The school district of residence at the time of
enrollment of a participant who has completed graduation requirements through
participation in this program shall issue a high school diploma and final
transcript not more than sixty days after receiving a certificate of completion
from an approved provider.
Last updated February 11, 2025 at 8:43 AM
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Rule 3301-45-10 | Standards for competency-based education.
Effective:
December 24, 2020
The following are minimum competency-based
education standards for providers of the twenty-two program: (A) Make programming accessible to all students and applied
equitably to all students; (B) Identify expectations reflecting the explicit and
measurable learning objectives, knowledge and skills for each
course; (C) Include intentionally designed and engaged participant
experiences; (D) Allow participants to receive timely and meaningful
supports based on individual needs; (E) Allow participants to advance at their own pace upon
demonstration of mastery of skills; (F) Clearly define the criteria for awarding credit and/or
grades.
Last updated February 11, 2025 at 8:44 AM
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