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 mental retardation and developmental disabilities special education programs.

 

 

 

(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 handicapped children with disabilities.

 

(B)     Responsibilities of the county board of mental retardation and developmental disabilities. The county board of mental retardation and developmental disabilities ("board") shall provide a special education program ("program") for eligible students pupils appropriately placed in such programs pursuant to rules 3301-51-01 to 3301-51-11 3301-51-02 and 3301-51-07 of the Administrative Code.

 

(C)  Eligible students pupils. The board shall provide a program to serve:

 

(1)     School-age developmentally handicapped and/or multihandicapped children with cognitive disabilities and/or multiple disabilities who are determined to be eligible for a program under rule 3301-51-06 of the Administrative Code.

 

(2)    Preschool children who are determined to be eligible for a program under according to rule 3301-51-06 3301-51-07 of the Administrative Code.

 

(D)  Educational program requirements

 

(1)  All programs shall comply with the following statutes and related rules:

 

(a)   Section 3313.48 of the Revised Code, minimum 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 pupil records.

(g)   Section 3321.04 of the Revised Code, student pupil attendance.

(h)   Chapter 3323. of the Revised Code, education of handicapped children.

(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 Ohio's elementary and secondary schools.

(l) Paragraph (I)(2)(c) (D) of rule 3301-35-06 3301-35-03 of the Administrative Code, services that identify student pupil health and safety concerns and opportunities for access to appropriate related resources.

(m) Paragraph (I)(2)(d)(G) of rule 3301-35-06 3301-35-03 of the Administrative Code, student attendance strategies in accordance with section 3321.04 of the Revised Code pupil attendance and conduct.

(n)   Chapter 3301-51 Rule 3301-51-01 of the Administrative Code, operating standards for Ohio's schools serving children with disabilities definitions for education of handicapped children.

(o) Rule 3301-51-02 of the Administrative Code, procedural safeguards for handicapped children.

(p) Rule  3301-51-03 of  the  Administrative  Code,  continuum  of  program options for handicapped children.

(q) Paragraph (A) of rule 3301-51-04 of the Administrative Code, program for multihandicapped children.

(r) Paragraph (F) of rule 3301-51-04 of the Administrative Code, program for developmentally handicapped children.

(s) Rule  3301-51-05  of  the  Administrative  Code,  related  services  for handicapped children.

(t)Rule 3301-51-06 of the Administrative Code, funding of special education and related services.

(u) Rule 3301-51-07 of the Administrative Code, rule for the education of preschool children and for supervisory services in county boards of mental retardation and developmental disabilities.

(2)     The program shall be guided by written policies of the board which are consistent with applicable statutory requirements contained in the Revised Code and rules adopted by the state board of education. Such policies and rules shall include, but not be limited to:

(a)   Staff;

(b)   Cumulative records;

(c)    Curriculum and instruction in alignment with Ohio's academic content standards;

(d)  Health and safety;

(e)   Instructional materials and equipment;

(f)  Student Pupil activity programs;

(g)   Student Pupil admission;

(h)   Student Pupil 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 to the educational program and shall provide a basis for daily operation.

(4)   Courses of study, methods of instruction, and other procedures shall effectively promote the needs, interests, and abilities of each school-age student with cognitive disabilities and student with multiple disabilities developmentally handicapped and multihandicapped pupil. The program shall be designed to raise the level of functioning in all areas of development.

(5) The program for school-age multihandicapped pupils shall be organized and operated pursuant to paragraph (A) of rule 3301-51-04 of the Administrative Code relating to special education programs for multihandicapped children.

(6) The program for school-age developmentally handicapped pupils shall be organized and operated pursuant to paragraph (F) of rule 3301-51-04 of the Administrative Code relating to special education programs for developmentally handicapped children.

(7) The program for preschool children shall be organized and operated pursuant to paragraph (A)(2) of rule 3301-51-07 of the Administrative Code relating to special education of preschool children in county boards of mental retardation and developmental disabilities.

(8)(5) Curriculum and instruction shall be characterized by systematic planning, articulation, implementation, and evaluation.

(9) Courses  of  study  for  school-age  programs  shall  establish  the  basis  for curriculum and instruction.

(a) A course of study shall be adopted which describes the domains, life spaces, developmental sequences or other appropriate approaches which meet the needs of pupils.

(b) Courses of study shall be reviewed and updated at least once every five years.

(10)(6) A current individualized educational program shall be on file for each child with a disability handicapped pupil in the program and available to appropriate staff.

(11)(7) Student Pupil achievement shall be monitored according to the student's individualized education program established procedures. Reports of student pupil progress shall be made to parents at established intervals in accordance with the child's individualized education program. All reporting shall be according to established procedures of the board.

(12)(8) The school day.

(a)    The school day for students in grades one through six school-age pupils shall include consist of scheduled classes, or supervised activities or approved educational options for at least five hours, excluding exclusive of the lunch period. The school day for students in grades seven through twelve shall consist of scheduled classes, supervised activities (excluding interscholastic athletics), or approved educational options for at least five and one-half hours, excluding the lunch period.

(b)    Preschool children may attend programs that meet the requirements of rule 3301-37-03 of the Administrative Code, programs for an entire official school day for five days per week, or any prorated portion of a day or week.

(13)(9) A county board of mental retardation and 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 An experimental educational program may be provided to meet the identified needs of pupils subject to prior approval by the department of education.

(E)  Educational resources

(1)    Staff shall be recruited, employed, assigned, and provided inservice education without discrimination on the basis of age, color, ancestry, national origin, race, or sex, religion, disability, or veteran status.

(a)   Staff shall be assigned responsibilities in accordance with written position descriptions commensurate with their certification, licensure, and qualifications respectively.

(b)   A special class teacher for school-age students with cognitive disabilities and students with multiple disabilities developmentally  handicapped and multihandicapped pupils shall hold a valid special education teacher's certificate or license as an intervention specialist in the appropriate area and shall meet any other applicable requirements for the area in which instruction is being provided. A preschool class teacher shall hold a valid special education or prekindergarten teacher's certificate or license as an early childhood intervention specialist and shall meet any other applicable requirements with validation in early education of handicapped children.

(c)   Related services personnel defined by rule 3301-51-01 3301-51-05 of the

Administrative Code who provide governing related services for handicapped children with disabilities shall meet the certificate or licensure requirements that are applicable 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 of observations and evaluation conferences.

(4)    Staff shall have opportunities to participate in in-service inservice education, which shall include:

(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 inservice education and educational program development.

(6)    Instructional materials and equipment shall support attainment of objectives specified in courses of study. Such materials and equipment shall be current, selected according to adopted policies with the involvement of staff, and be available for teacher and student pupil use.

(7)    Facilities shall accommodate the enrollment and the philosophy of education and educational goals of the program.

(8)     Student Pupil activity programs shall be operated in accordance with the philosophy of education and educational goals and shall safeguard the interests of the program, participants, and spectators.

(F)   Evaluation and chartering.

(1)   The program shall be evaluated by the department of education to determine if such program is in compliance with this rule. Following the initial evaluation of the program, the program shall be monitored by the department of education as determined appropriate by the department Such evaluation shall

take place at least once every five years.

(2)      The program shall be recommended to the state board of education for chartering if the program meets the requirements of specified in this rule and those set forth in Chapter 3301-51 of the Administrative Code relating to the education of students with disabilities handicapped children.

Effective:                                                     09/23/2005

R.C. 119.032 review dates:                         06/08/2005 and 09/23/2010

CERTIFIED ELECTRONICALLY

Certification

09/13/2005

Date

Promulgated Under:                           119.03

Statutory Authority:                           3301.07 (J)

Rule Amplifies:                                  3301.07 (J), 3323.02, 3323.09

Prior Effective Dates:                         6-10-88, 11-1-77, 7-1-89