3301-11-15 Program administration.  

  • Text Box: ACTION: No Change Text Box: DATE: 10/14/2016 2:19 PM

     

     

     

    Rule Summary and Fiscal Analysis (Part A)

     

    Department of Education

    Agency Name

     

    Cher Bump

    Division                                                                  Contact

     

    25 South Front Street Columbus OH 43215-4183

    Agency Mailing Address (Plus Zip)

    614-466-4705

    Phone

     

    Fax

    Cher.Bump@education.ohio.gov

    Email

     

     

     

     

    3301-11-15

    Rule Number

    NO CHANGE

    TYPE of rule filing

    Rule Title/Tag Line              Program administration.

    RULE SUMMARY

    1.  Is the rule being filed for five year review (FYR)? Yes

    2.  Are you proposing this rule as a result of recent legislation? Yes

    Bill Number: HB59                 General Assembly: 130           Sponsor: Amstutz, Anielski,

    Baker, Beck, Blair, and others

    3.  Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 119.03

    4.  Statute(s) authorizing agency to adopt the rule: 3301.07, 3310.17

    5.  Statute(s) the rule, as filed, amplifies or implements: 3310.01, 3310.02, 3310.03, 3310.04, 3310.05, 3310.06, 3310.07, 3310.08, 3310.09, 3310.10, 3310.11, 3310.12, 3310.13, 3310.14, 3310.15, 3310.16, 3310.17

    6.  State the reason(s) for proposing (i.e., why are you filing,) this rule:

    This is the five-year rule review for the EdChoice Scholarship Program. The

    program rules prescribe procedures for parents to apply for the program, procedures for public school districts to review student applications, and procedures for approval of participating private schools. The Ohio Educational Choice Scholarship Program provides up to 60,000 scholarships to students who attend public school buildings that have been rated in academic emergency or academic watch for two of the past three school years and to low income families throughout the state.

    Students use scholarship funds to attend a participating private school in Ohio.

    7.  If the rule is an AMENDMENT, then summarize the changes and the content of the proposed rule; If the rule type is RESCISSION, NEW or NO CHANGE, then summarize the content of the rule:

    Establishing deadlines and procedures for the program

    8.  If the rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections

    121.71 to 121.74 of the Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons:

    This response left blank because filer specified online that the rule does not incorporate a text or other material by reference.

    9.  If the rule incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material electronically, provide an explanation of why filing the text or other material electronically was infeasible:

    This response left blank because filer specified online that the rule does not incorporate a text or other material by reference.

    10.  If the rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation of why filing the text or other material was infeasible:

    Not Applicable.

    11.  If revising or refiling this rule, identify changes made from the previously filed version of this rule; if none, please state so. If applicable, indicate each specific paragraph of the rule that has been modified:

    Not Applicable.

    12.  Five Year Review (FYR) Date: 10/14/2016 and 10/14/2021

    (If the rule is not exempt and you answered NO to question No. 1, provide the scheduled review date. If you answered YES to No. 1, the review date for this rule is the filing date.)

    NOTE: If the rule is not exempt at the time of final filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date for Amended rules or a date not to exceed 5 years from the review date for No Change rules.

    FISCAL ANALYSIS

    13.  Estimate the total amount by which this proposed rule would increase / decrease either revenues / expenditures for the agency during the current biennium (in dollars): Explain the net impact of the proposed changes to the budget of your agency/department.

    This will have no impact on revenues or expenditures. 0

    NA

    14.  Identify the appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule:

    GRF 200573: EdChoice Expansion

    15.  Provide a summary of the estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency:

    It is not possible to calculate the estimated cost of compliance with the rule on participating providers or scholarship applicants. However, minimal expenses are expected related to the preparation of the applications.

    16.  Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? Yes

    You must complete Part B of the Rule Summary and Fiscal Analysis in order to comply with Am. Sub. S.B. 33 of the 120th General Assembly.

    17.  Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in R. C. 121.39? No

    S.B. 2 (129th General Assembly) Questions

    18.  Has this rule been filed with the Common Sense Initiative Office pursuant to

    R.C. 121.82? No

    19.  Specific to this rule, answer the following:

    A.) Does this rule require a license, permit, or any other prior authorization to engage in or operate a line of business? Yes

    Participating private schools must be chartered by the State Board of Education.

    B.) Does this rule impose a criminal penalty, a civil penalty, or another sanction, or create a cause of action, for failure to comply with its terms? No

    C.) Does this rule require specific expenditures or the report of information as a condition of compliance? No

    Text Box: ACTION: No Change                                                                                                                                              Text Box: DATE: 10/14/2016 2:19 PM

    Page B-1                                                                                   Rule Number: 3301-11-15

    Rule Summary and Fiscal Analysis (Part B)

    1.  Does the Proposed rule have a fiscal effect on any of the following?

    (a)  School Districts

    (b)    Counties                                 (c) Townships           (d) Municipal

    Corporations

    Yes                              No                               No                                No

    2.  Please provide an estimate in dollars of the cost of compliance with the proposed rule for school districts, counties, townships, or municipal corporations. If you are unable to provide an estimate in dollars, please provide a written explanation of why it is not possible to provide such an estimate.

    It is impossible to estimate the financial effect of the Educational Choice scholarship program on an individual school district. That effect will depend upon how many of a district#s students utilize the program. The program designates students associated with failing schools to attend nonpublic schools and the amount of tuition, not to exceed grade specific maximum amounts, will be transferred from the public school district to the nonpublic school. This will represent a loss of revenue to the school district, with the net fiscal effect being determined by the extent to which the school district is able to reduce costs as a result of no longer being required to educate the student.

    3.  If the proposed rule is the result of a federal requirement, does the proposed rule exceed the scope and intent of the federal requirement? No

    4.  If the proposed rule exceeds the minimum necessary federal requirement, please provide an estimate of, and justification for, the excess costs that exceed the cost of the federal requirement. In particular, please provide an estimate of the excess costs that exceed the cost of the federal requirement for (a) school districts, (b) counties, (c) townships, and (d) municipal corporations.

    Not Applicable.

    5.  Please provide a comprehensive cost estimate for the proposed rule that includes the procedure and method used for calculating the cost of compliance. This comprehensive cost estimate should identify all of the major cost categories including, but not limited to, (a) personnel costs, (b) new equipment or other capital costs, (c) operating costs, and (d) any indirect central service costs.

    Page B-2                                                                                   Rule Number: 3301-11-15

    NA

    (a)  Personnel Costs

    $702,733

    (b)  New Equipment or Other Capital Costs

    NA

    (c)  Operating Costs

    $50,000 (Print/Mail from DAS)

    (d)  Any Indirect Central Service Costs

    $95,686

    (e)  Other Costs

    $169,286 (ITO cost)

    6.  Please provide a written explanation of the agency's and the local government's ability to pay for the new requirements imposed by the proposed rule.

    The additional Educational Choice program requirements will not impact the cost to implement the program.

    7.  Please provide a statement on the proposed rule's impact on economic development.

    The Educational Choice scholarship program may encourage the hiring of additional personnel by existing nonpublic schools.

Document Information

File Date:
2016-10-14
Five Year Review:
Yes
CSI:
Yes
Rule File:
3301-11-15_PH_FYR_C_RU_20161014_1419.pdf
RSFA File:
3301-11-15_PH_FYR_C_RS_20161014_1419.pdf
Related Chapter/Rule NO.: (1)
Ill. Adm. Code 3301-11-15. Program administration