3301-53-01 Minimum standards for chartering county board of developmental disabilities special education programs.
3301-53-01 Minimum standards for chartering county board of developmental disabilities special education
programsschools.(A) Definitions. All terms used in this rule shall be considered as defined in rules 3301-35-01 and 3301-51-01 of the Administrative Code. Rule 3301-35-01 of the Administrative Code sets forth the definitions for the minimum standards for elementary and secondary schools and rule 3301-51-01 of the Administrative Code sets forth the definitions for the rules governing the education of children with disabilities.
(B) Responsibilities of the county board of developmental disabilities. The county board of developmental disabilities
("board")shall provide a special education program("program")for eligible students appropriately placed in suchprogramsschools pursuant to rules 3301-51-01 to 3301-51-11 of the Administrative Code.(C) Eligible students. The board shall provide a program to serve:
(1)
School-age children with cognitive disabilities and/or multiple disabilities whoare determined to be eligible for a program under rule 3301-51-06 of theAdministrative CodeChildren with disabilities who in accordance with rule 3301-51-06 of the Administrative Code have been placed in special education schools operated by the board.(2) Preschool children who are
determined to beeligible fora programpreschool special education services under rule3301-51-063301-51-11 of the Administrative Code.(D)
Educational programSchool requirements(1) All
programsschools shall comply with the following statutes and related rules:(a) Section 3313.48 of the Revised Code,
minimumfree education to be provided, hours in a school year.(b) Section 3313.661 of the Revised Code, policy regarding suspension or expulsion, except that if the section is inconsistent with the Individuals with Disabilities Education Act, the Individuals with Disabilities Education Act shall control.
(c) Section 3313.67 of the Revised Code, required immunizations.
(d) Section 3313.712 of the Revised Code, emergency medical authorization.
(e) Section 3313.72 of the Revised Code, contract with health district for services of physician, dentist, or nurse.
(f) Section 3319.321 and Chapter 1347. of the Revised Code, safeguarding of student records.
(g) Section 3321.04 of the Revised Code, student attendance.
(h) Chapter 3323. of the Revised Code, education of
handicappedchildren with disabilities.(i) Section 3707.26 of the Revised Code, inspection of schools by the board of health.
(j) Section 3737.73 of the Revised Code, drills and rapid dismissals.
(k) Rule 3301-35-01 of the Administrative Code, the purpose and definitions rule for the operating standards for the operating standards for
kindgergarten to twelfth grade
schools.Ohio's elementary and secondary(l) Paragraph
(I)(2)(c)(C) of rule3301-35-063301-35-02 of the Administrative Code, services that identify student health and safety concerns and opportunities for access to appropriate related resources.(m)
Paragraph (I)(2)(d) of rule 3301-35-06 of the Administrative Code,studentStudent attendance strategies in accordance with section 3321.04 of the Revised Code.(n) Chapter 3301-51 of the Administrative Code, Ohio operating standards for the education of
Ohio's schools servingchildren with disabilities.(2) A county board of developmental disabilities may ask that an innovative pilot program be exempted from specific laws or rules pursuant to section 3302.07 of the Revised Code and rule 3301-46-01 of the Administrative Code.
(2)The program shall be guided by written policies of the board which areconsistent with applicable statutory requirements contained in the RevisedCode and rules adopted by the state board of education. Such policies shallinclude, but not be limited to:(a)Staff;(b)Cumulative records;(c)Curriculum and instruction in alignment with Ohio's academic contentstandards;(d)Health and safety;(e)Instructional materials and equipment;(f)Student activity programs;(g)Student admission;(h)Student attendance and conduct;(i)Selection of materials, textbooks, equipment, and instructional resources;and(j)Use of behavior management procedures.(3)A written philosophy of education and educational goals shall give direction tothe educational program and shall provide a basis for daily operation.(4)Courses of study, methods of instruction, and other procedures shall effectivelypromote the needs, interests, and abilities of each school-age student withcognitive disabilities and student with multiple disabilities. The program shallbe designed to raise the level of functioning in all areas of development.(5)Curriculum and instruction shall be characterized by systematic planning,articulation, implementation, and evaluation.(6)A current individualized educational program shall be on file for each child witha disability in the program and available to appropriate staff.(7)Student achievement shall be monitored according to the student'sindividualized education program. Reports of student progress shall be madeto parents at established intervals in accordance with the child'sindividualized education program.(8)The school day.(a)The school day for students in grades one through six shall includescheduled classes, supervised activities or approved educational optionsfor at least five hours, excluding the lunch period. The school day forstudents in grades seven through twelve shall consist of scheduledclasses, supervised activities (excluding interscholastic athletics), orapproved educational options for at least five and one-half hours,excluding the lunch period.(b)Preschool children may attend programs that meet the requirements ofrule 3301-37-03 of the Administrative Code, programs.(9)A county board of developmental disabilities may ask that an innovative pilotprogram be exempted from specific laws or rules pursuant to section 3302.07of the Revised Code and rule 3301-46-01 of the Administrative Code.(E)
Educational resources(1)
Staff shall be recruited, employed, assigned, and provided inservice educationwithout discrimination on the basis of age, color, ancestry, national origin,race, sex, religion, disability, or veteran status.(a)
Staff shall be assigned responsibilities in accordance with written positiondescriptions commensurate with their certification, licensure, andqualifications respectively.(b)
A special class teacher for school-age students with cognitive disabilitiesand students with multiple disabilities shall hold a valid certificate orlicense as an intervention specialist in the appropriate area and shallmeet any other applicable requirements. A preschool class teacher shallhold a valid certificate or license as an early childhood interventionspecialist and shall meet any other applicable requirements.(c)
Related services personnel defined by rule 3301-51-01 of theAdministrative Code who provide related services for children withdisabilities shall meet the certificate or licensure requirements that areapplicable to a qualified provider of that particular service or therapy.(2)
The program shall be provided clerical and custodial services.(3)
Staff shall be supervised and evaluated according to a planned sequence ofobservations and evaluation conferences.(4)
Staff shall have opportunities to participate in in-service education, which shallinclude:(a)
Cooperative planning, implementation, and evaluation;(b)
Job-related training in areas of need identified in personnel evaluations;and(c)
Orientation activities for new employees.(5)
Records shall be maintained on staff participation in in-service education andeducational program development.(6)
Instructional materials and equipment shall support attainment of objectivesspecified in courses of study. Such materials and equipment shall be current,selected according to adopted policies with the involvement of staff, and beavailable for teacher and student use.(7)
Facilities shall accommodate the enrollment and the philosophy of educationand educational goals of the program.(8)
Student activity programs shall be operated in accordance with the philosophyof education and educational goals and shall safeguard the interests of theprogram, participants, and spectators.(F)(E) Evaluation and chartering.(1) The
programschool shall be evaluated by the department of education to determine if suchprogramschool is in compliance with this rule. Following the initial evaluation of theprogramschool, theprogramschool shall be monitored by the department of education as determined appropriate by the department.(2) The
programschool shall be recommended to the state board of education for chartering if theprogramschool meets the requirements specified in this rule and those set forth in Chapter 3301-51 of the Administrative Code relating to the education of students with disabilities.Effective: 02/01/2016
Five Year Review (FYR) Dates: 11/12/2015 and 02/01/2021
CERTIFIED ELECTRONICALLY
Certification
01/22/2016
Date
Promulgated Under: 119.03
Statutory Authority: 3301.07, 3301.07(J)
Rule Amplifies: 3301.07(J), 3323.02, 3323.09
Prior Effective Dates: 11-1-77, 6-10-88, 7-1-89, 9-23-2005, 10/23/2010
Document Information
- Effective Date:
- 2/1/2016
- File Date:
- 2016-01-22
- Last Day in Effect:
- 2016-02-01
- Five Year Review:
- Yes
- Rule File:
- 3301-53-01_PH_FF_A_RU_20160122_0811.pdf
- Related Chapter/Rule NO.: (1)
- Ill. Adm. Code 3301-53-01. Minimum standards for chartering county board of developmental disabilities special education programs