Current through all regulations passed and filed through December 16, 2024
(A)
The Ohio department of education shall
register any private provider that meets the following requirements:
(1) A private provider makes application to
the Ohio department of education in accordance with rules of the state board of
education and guidelines established by the Ohio department of education and
that application is approved.
(2)
The private provider indicates, by signing the provider affidavit, its
commitment to follow all requirements for a private provider specified in rules
3301-103-01 to
3301-103-07 of the
Administrative Code, including but not limited to, the requirements for
accepting qualified special education children pursuant to rule
3301-103-03 of the
Administrative Code. The provider affidavit shall also include the assurance
that the provider is in compliance with all laws that are applicable.
(3) The private provider meets the minimum
standards of the applicable professional organization for individual or
non-school providers. The private provider holds, and any employees hold, and
any volunteers hold, appropriate credentials from the state board of education
or appropriate credentials from a national or state board for their specific
professions, and these credentials are related to the individualized education
program (IEP) services they will be providing. If the private provider
contracts with another provider who will be providing special education and
related services to children in the autism scholarship program, the contracted
provider and any subcontractors and employees or volunteers of both the
contracted and subcontracted providers shall also hold appropriate credentials
from the Ohio department of education or credentials from a national or state
board for their specific professions.
(a) If
any of the parties referenced in paragraph (A)(3) of this rule held credentials
that are currently revoked by the Ohio department of education, that party
cannot be a registered private provider, even though the party may hold
credentials from a national or state board for his or her specific
profession.
(b) If any of the
parties referenced in paragraph (A)(3) of this rule holds appropriate
credentials from a department of education of a state other than the state of
Ohio, those credentials will be recognized as appropriate credentials under
paragraph (A)(3) of this rule unless that party held credentials that are
currently revoked by the Ohio department of education or by the department of
education of another state.
(c) In
addition to the listed providers of intervention services outlined in division
(E) of section 3310.41 of the Revised Code,
intervention services under the autism scholarship program may also be provided
by an intervention specialist licensed by the state board.
(4) The private provider is physically
located within the boundaries of the state of Ohio, and children served by the
private provider shall be served within the state of Ohio.
(5) The private provider is in compliance
with sections 3319.39,
3319.391, and 3313.392 of the
Revised Code regarding background checks as if it were a school district for
any staff licensed by the Ohio department of education. For all other staff the
private provider has on file, prior to providing any special education and
related services to children participating in the autism scholarship program, a
current criminal records check from the superintendent of the Ohio bureau of
criminal identification and investigation pursuant to rule
109:5-1-01 of the
Administrative Code. Each owner, employee, contractor, and volunteer of a
private provider shall have on file a criminal records check that is not more
than one year old on the date that the person becomes an owner, employee,
contractor, or volunteer of the private provider. Thereafter, each owner,
employee, contractor, or volunteer of a private provider shall undergo a
criminal records check at least every five years from the date of the last
criminal records check. A criminal records check is current if it meets the
timeframes specified in this paragraph.
For purposes of paragraph (A)(5) of this rule, contractor
includes any person who is under contract with a private provider and whose
work involves routine interaction with a child in the autism scholarship
program or regular responsibility for the care, custody, or control of a child
in the autism scholarship program. For purposes of paragraph (A)(5) of this
rule, volunteer includes any person whose activities involve unsupervised
access to a child. "Unsupervised access" to a child has the same meaning as in
section 109.574 of the Revised
Code.
The current criminal records check shall not indicate that any
owner, employee, contractor, or volunteer of the private provider has been
convicted of or pleaded guilty to a violation of any of the sections of law
described in division (B)(1) of section
3319.39 of the Revised
Code.
An owner, employee, contractor, or volunteer of a private
provider who holds a license consistent with the meaning of license in division
(A) of section 3319.31 of the Revised Code
shall also meet all applicable requirements for criminal records checks that
apply to a holder of that license. An owner, employee, contractor, or volunteer
of a private provider who holds a license or certificate under another section
of law shall also meet any requirements for criminal records checks that apply
to a holder of that license or certificate. An owner, employee, contractor, or
volunteer of a private provider who is a driver of a school bus or motor van
consistent with the meaning of a driver of a school bus or motor van under
section 3327.10 of the Revised Code
shall also meet all applicable requirements for criminal records checks under
section 3327.10 of the Revised
Code.
As part of the initial application for registration and
subsequent annual reapplications for registration, a private provider shall
submit to the Ohio department of education an affidavit assuring the Ohio
department of education that a current criminal records check, as described
above, is on file for all owners, employees, contractors, and volunteers of the
private provider and assuring the department that the current criminal records
checks do not show that any owner, employee, contractor, or volunteer of the
provider has been convicted of or pleaded guilty to a violation of any of the
sections of law described in division (B)(1) of section
3319.39 of the Revised
Code.
(6)
Nondiscrimination policies
The affidavit referenced above also
shall assure the department that providers other than nonpublic schools
chartered by the state of Ohio have a written policy addressing the private
providers practices to ensure that said private provider does not discriminate
on the basis of race, color, religion, sex, gender, national origin,
disability, or age.
(7) The private provider demonstrates the
capacity to provide services under the autism scholarship program. A private
provider shall demonstrate its capacity to provide services under the autism
scholarship program by meeting the following requirements:
(a) Being in operation for at least one full
school year prior to enrolling children participating in the autism scholarship
program;
(b) Providing the
department of education with documentation that the private provider has
adequate liability and property and casualty insurance;
(c) Having no outstanding claims for recovery
from the auditor of state;
(d)
Providing the parent with a fee schedule and description of the special
education and related services that the private provider will be providing as
part of the autism scholarship program and making the fee schedule available to
the Ohio department of education;
(e) Verifying in a written statement filed
with the Ohio department of education that the owner has sufficient capital or
credit in order to operate during the upcoming school year to serve the number
of children accepted, taking into consideration expected revenues from fees
charged and from other sources; and
(f) Filing with the Ohio department of
education one of the following:
(i) a bond in
favor of the department for financial loss to the department caused by the
provider or one of the provider's employees related to the provider's
participation in the autism scholarship program for an amount equal to
one-twelfth of the scholarship funds received for that prior school year or ten
thousand dollars, whichever is greater, up to a cap of two hundred fifty
thousand dollars. The bond must be maintained in effect for at least one year
after the date on which the provider ceases to participate in the autism
scholarship program or until resolution of all outstanding claims
and
be continuous. The bond shall, however, include a provision for cancellation,
subject to a notice period of thirty days with notice provided to the provider
and to the department. Regardless of the amount of claims made against the bond
and the number of periods the bond covers, the maximum liability under the bond
is the penal sum;
(ii) a letter of
credit for an amount equal to one-twelfth of the scholarship funds received for
the prior school year or ten thousand dollars, whichever is greater, up to a
cap of two hundred fifty thousand dollars. The letter of credit must be
maintained in effect for at least one year after the date on which the provider
ceases to participate in the autism scholarship program or until resolution of
all outstanding claims;
(iii) an
agreement that authorizes the department to offset any amounts due the
department under the autism scholarship program against monies that would
otherwise be distributed to that provider in accordance with section
3317.063 of the Revised Code and
Chapter 3301-40 of the Administrative Code during the provider's participation
in the program. The authorization must be maintained in effect for at least one
year after the date on which the provider ceases to participate in the autism
scholarship program or until resolution of all outstanding claims.
(8) The
private provider meets all applicable state and local health and safety
codes.
(9) The private provider
provides quarterly reports to the parent and to the child's school district of
residence
including but not be limited to the following:
(a) The child's progress toward meeting the
annual goals stated on the child's current IEP,
including any modifications and how the child's progress is being
measured; and
(b) The extent to
which that progress is sufficient to enable the child to achieve the goals by
the end of the year.
(B) A private provider, who wishes to
continue to provide special education and related services to children in the
autism scholarship program in the succeeding fiscal year, must submit a
completed new application for the succeeding year that includes an affidavit,
prescribed by the Ohio department of education, in which the private provider
swears or affirms that the private provider continues to meet all requirements
for registration.
All applications and
affidavits must be submitted no later than June
thirtieth in order to participate in the program for the next fiscal
year.
.
(C) A registered private provider will
participate in an on-site monitoring visit upon the request of the Ohio
department of education.
(D) The
registered private provider shall make their written policies and practices
readily available to all parents in the state of Ohio requesting this
information and will do so without charge to the parent.
(E) The Ohio department of education may
revoke the registration of a
private provider if the department of education determines that the
private provider is in violation
of any of the provisions of section
3310.41 of the Revised Code,
rules 3301-103-01 to
3301-103-07 of the
Administrative Code .
Within ten days of determination, the department will
furnish initial notice of noncompliance to private providers. The department
may allow a provider opportunity to complete a corrective action plan to
correct issues of non-compliance in lieu of revoking the providers
registration. Notice of the department's intent to revoke will be
provided in accordance with Chapter 119. of the Revised Code.
(F) If a
private provider's registration is revoked, the private provider is entitled to
and may request a hearing under Chapter 119. of the Revised Code.
(G) All private providers that participate in
the scholarship program must be approved and registered by the Ohio department
of education. The Ohio department of education will make a list of all
registered private providers available to any parent within the state of
Ohio.
(H) An alternative public
provider for the autism scholarship program may agree to enroll a child in the
alternative public provider's special education program if the child's parent
would owe fees for the services provided to the child by the alternative public
provider.
(1) An alternative public provider
who agrees to participate in the autism scholarship program shall register with
the Ohio department of education and meet all state and
federal laws, rules, and regulations to the alternative public provider.
(2)
The registration requirements that apply to a registered private provider do
not apply to an alternative public provider, except an alternative public
provider shall provide quarterly progress reports as required by paragraph
(A)(9) of this rule and shall submit required invoices. An alternative public
provider may claim reimbursement only for the costs of the provider's services
that implemented the child's IEP.
