Ohio Adm.Code 3301 | Ohio Administrative Code 3301 — Department of Education and Workforce

Chapter 3301-2 Personal Information Systems

Ohio Adm.Code 3301-2-14 Confidential personal information definitions.

For the purposes of rules 3301-2-15 to 3301-2-18 of the Administrative Code promulgated in accordance with section 1347.15 of the Revised Code, the following definitions apply:

(A) "Access" as a noun means an instance of copying, viewing, or otherwise perceiving whereas "access" as a verb means to copy, view, or otherwise perceive.

(B) "Acquisition of a new computer system" means the purchase of a "computer system," as defined in this rule, that is not a computer system currently in place.

(C) "Computer system" means a "system," as defined by section 1347.01 of the Revised Code, that stores, maintains, or retrieves personal information using electronic data processing equipment.

(D) "Confidential personal information" (CPI) has the meaning as defined by division (A)(1) of section 1347.15 of the Revised Code and identified by rules promulgated by the department in accordance with division (B)(3) of section 1347.15 of the Revised Code that reference the federal or state statutes or administrative rules that make personal information maintained by the department confidential.

(E) "Department" means the department of education and workforce.

(F) "Employee" means each employee of the department of education and workforce.

(G) "Incidental contact" means contact with the information that is secondary or tangential to the primary purpose of the activity that resulted in the contact.

(H) "Individual" means a natural person or the natural person's authorized representative, legal counsel, legal custodian, or legal guardian.

(I) "Information owner" means the individual appointed in accordance with division (A) of section 1347.05 of the Revised Code to be directly responsible for a system.

(J) "Person" means a natural person.

(K) "Personal information" has the same meaning as defined in division (E) of section 1347.01 of the Revised Code.

(L) "Personal information system" means a "system" that "maintains" "personal information" as those terms are defined in section 1347.01 of the Revised Code. "System" includes manual and computer systems.

(M) "Research" means a methodical investigation into a subject.

(N) "Routine" means commonplace, regular, habitual, or ordinary.

(O) "Routine information that is maintained for the purpose of internal office administration, the use of which would not adversely affect a person" as that phrase is used in division (F) of section 1347.01 of the Revised Code means personal information relating to employees and maintained by the department for internal administrative and human resource purposes.

(P) "System" has the same meaning as defined by division (F) of section 1347.01 of the Revised Code.

(Q) "Upgrade" means a substantial redesign of an existing computer system for the purpose of providing a substantial amount of new application functionality, or application modifications that would involve substantial administrative or fiscal resources to implement, but would not include maintenance, minor updates and patches, or modifications that entail a limited addition of functionality due to changes in business or legal obligations.

Last updated June 7, 2024 at 7:44 AM

History

Effective: June 7, 2024
Promulgated Under: 119.03

Ohio Adm.Code 3301-2-15

For personal information systems, whether manual or computer systems, that contain confidential personal information, the department will do the following:

(A) Criteria for accessing confidential personal information. Personal information systems of the department are managed on a "need-to-know" basis whereby the information owner determines the level of access necessary for an employee of the department to fulfill his/her job duties. The determination of access to confidential personal information will be approved by the employee's supervisor and the information owner prior to providing the employee with access to confidential personal information within a personal information system. The department will establish procedures for determining a revision to an employee's access to confidential personal information upon a change to that employee's job duties including, but not limited to, transfer or termination. Whenever an employee's job duties no longer necessitate access to confidential personal information in a personal information system, the employee's access to confidential personal information will be removed.

(B) Individual request for a list of confidential personal information. Upon the signed written request of any individual for a list of confidential personal information about the individual maintained by the department, the department will do all of the following:

(1) Verify the identity of the individual by a method that provides safeguards commensurate with the risk associated with the confidential personal information;

(2) Provide to the individual the list of confidential personal information that does not relate to an investigation about the individual or is otherwise not excluded from the scope of Chapter 1347. of the Revised Code; and

(1) Upon discovery or notification that confidential personal information of a person has been accessed by an employee for an invalid reason, the department will notify the person whose information was invalidly accessed as soon as practical and to the extent known at the time. However, the department will delay notification for a period of time necessary to ensure that the notification would not delay or impede an investigation or jeopardize homeland or national security. Additionally, the department may delay the notification consistent with any measures necessary to determine the scope of the invalid access, including which individual's confidential personal information was invalidly accessed, and to restore the reasonable integrity of the system;

"Investigation" as used in this paragraph means the investigation of the circumstances and involvement of an employee surrounding the invalid access of the confidential personal information. Once the department determines that notification would not delay or impede an investigation, the department will disclose the access to confidential personal information made for an invalid reason to the person.

(2) Notification provided by the department will inform the person of the type of confidential personal information accessed and the date(s) of the invalid access; and

(3) Notification may be made by any method reasonably designed to accurately inform the person of the invalid access, including written, electronic, or telephone notice.

(D) Appointment of a data privacy point of contact. The director of the department will designate an employee of the department to serve as the data privacy point of contact. The data privacy point of contact will work with the chief privacy officer to assist the department with both the implementation of privacy protections for the confidential personal information that the department maintains and compliance with section 1347.15 of the Revised Code and the rules adopted pursuant to the authority provided by that chapter. The data privacy point of contact will timely complete the privacy impact assessment form developed by the office of information technology.

(E) Password . The information technology division will ensure that a password or other authentication measure is used to access confidential personal information that is kept in an electronic system.

Last updated June 7, 2024 at 7:44 AM

History

Effective: June 7, 2024
Promulgated Under: 119.03

Ohio Adm.Code 3301-2-18

For personal information systems that are computer systems and contain confidential personal information, the department will do the following:

(A) Access restrictions. Access to confidential personal information that is kept electronically needs a password or other authentication measure;

(B) Acquisition of a new computer system. When the department acquires a new computer system that stores, manages, or contains confidential personal information, the department will include a mechanism for recording specific access by employees of the department to confidential personal information in the system;

(C) Upgrading existing computer systems. When the department modifies an existing computer system that stores, manages, or contains confidential personal information, the department will make a determination whether the modification constitutes an upgrade. Any upgrades to a computer system will include a mechanism for recording specific access by employees of the department to confidential personal information in the system;

(D) Existing computer systems. Logging obligations regarding confidential personal information in existing computer systems:

(1) The department will mandate that employees of the department who access confidential personal information within computer systems to maintain a log that records that access;

(2) Access to confidential information is not necessary to be entered into the log under the following circumstances:

(a) The employee of the department is accessing confidential personal information for official departmental purposes, including research, and the access is not specifically directed toward a specifically named individual or a group of specifically named individuals;

(b) The employee of the department is accessing confidential personal information for routine office procedures and the access is not specifically directed toward a specifically named individual or a group of specifically named individuals;

(c) The employee of the department comes into incidental contact with confidential personal information and the access of the information is not specifically directed toward a specifically named individual or a group of specifically named individuals;

(d) The employee of the agency accesses confidential personal information about an individual based upon a request made under either of the following circumstances:

(i) The individual requests confidential personal information about himself/herself;

(ii) The individual makes a request that the department takes some action on that individual's behalf and accessing the confidential personal information is needed in order to consider or process that request.

(3) For purposes of this paragraph, the department may choose the form or forms of logging, whether in electronic or paper formats.

Last updated June 7, 2024 at 7:45 AM

History

Effective: June 7, 2024
Promulgated Under: 119.03

Ohio Adm.Code 3301-2-16 Valid reasons for accessing confidential personal information.

(A) Performing the following functions constitute valid reasons for authorized employees of the department of education and workforce to access confidential personal information:

(1) Responding to a public records request;

(2) Responding to a request from an individual for the list of confidential personal information the department maintains on that individual;

(3) Administering a constitutional provision or duty;

(4) Administering a statutory provision or duty;

(5) Administering an administrative rule provision or duty;

(6) Complying with any state or federal program obligations;

(7) Processing or payment of claims or otherwise administering a program with individual participants or beneficiaries;

(8) Auditing purposes;

(9) Licensure [or permit, eligibility, filing, etc.] processes;

(10) Investigation or law enforcement purposes;

(11) Administrative hearings;

(12) Litigation, complying with an order of the court, or subpoena;

(13) Human resource matters (e.g., hiring, promotion, demotion, discharge, salary/compensation issues, leave requests/issues, time card approvals/issues);

(14) Complying with an executive order or policy;

(15) Complying with a departmental policy or a state administrative policy issued by the department of administrative services, the office of budget and management or other similar state agency; or

(16) Complying with a collective bargaining agreement provision.

(B) To the extent that the general processes described in paragraph (A) of this rule do not cover a set of circumstances, authorized employees have valid reasons for accessing confidential personal information for the purpose of carrying out specific duties of the department of education and workforce as set forth in any applicable policy adopted by the department.

Last updated June 7, 2024 at 7:44 AM

History

Effective: June 7, 2024
Promulgated Under: 119.03

Ohio Adm.Code 3301-2-17 Confidentiality statutes, rules, and regulations.

The following federal statutes or regulations or state statutes and administrative rules make personal information maintained by the department confidential and identify the confidential personal information within the scope of rules promulgated by the department in accordance with section 1347.15 of the Revised Code:

(A) Social security numbers: 5 U.S.C. 552a.

(B) Student education records: "Family Educational Rights and Privacy Act" of 1974, 20 U.S.C. 1232g.

(C) Information obtained by the office of professional conduct during an investigation or via the disciplinary process: section 3319.311 of the Revised Code; rule 3301-73-04 of the Administrative Code.

(D) Questions and responses regarding a record of a criminal offense committed or alleged to have been committed by an applicant, for issuance or renewal of any license that has been sealed or expunged: section 3319.292 of the Revised Code.

(E) Bureau of criminal investigation and information criminal records check results: section 109.57 of the Revised Code.

(F) Student information: section 3301.0714 of the Revised Code; section 3319.321 of the Revised Code.

(G) Student test scores and information: division (I) of section 3301.0711 of the Revised Code.

(H) Student data verification code in combination with student name or other personally identifiable information: division (D) of section 3310.11 of the Revised Code; division (D) of section 3310.42 of the Revised Code; division (D) of section 3310.63 of the Revised Code; division (F) of section 3313.978 of the Revised Code; and division (E) of section 3317.20 of the Revised Code.

(I) Data collected for purposes of administering early childhood programs: section 3301.941 of the Revised Code.

(J) Records of sudents with disabilities: "Individuals with Disabilities Education Act" of 20004, 20 U.S.C. 1400, et seq.

(K) Personal information kept by the department that is not a public record: section 149.43 of the Revised Code.

Last updated January 23, 2024 at 1:42 PM

History

Effective: August 3, 2017
Promulgated Under: 119.03

Chapter 3301-3 Data Acquisition Sites

Ohio Adm.Code 3301-3-01 Scope and definitions.

(A) Pursuant to section 3301.075 of the Revised Code, all Ohio education computer network user entities and information technology centers will comply with all rules in this chapter.

(B) Terminology used in this chapter are defined as follows:

(1) "Accountability system for the Ohio education computer network" (OECN) means the collective grouping of instruments used by the department of education and workforce to determine the quality and adequacy of services provided by an information technology center. These instruments may include, but not be limited to, the following: any materials produced by other governmental agencies or trusted third parties at the request of the department or in the normal course of doing business; user satisfaction surveys; quality implementation metrics; service-level agreements and compliance therewith; and, continuous improvement plans.

(2) "ADM" means total average daily membership by school building and district as certified by the department from data collected from districts during the designated EMIS counting period.

(3) "Business continuity plan" means a plan defining the specific steps that will be taken to provide emergency services in the event that an information technology center is unable to provide the normal services needed by its users.

(4) "Continuous improvement plan" means an annual report produced by the information technology center that describes actions to improve the quality of services, customer satisfaction, or operation efficiencies of the information technology center.

(5) "Core services" are the minimum set of state-subsidized information technology services that each information technology center will offer to its user entities as determined by the department. This minimum set of information technology services will be determined through policies issued and guidelines periodically communicated by the department. These services may include, but are not limited to, the following:

(a) Fiscal services, including accounting (cash basis with generally accepted accounting practice extensions), payroll/personnel, and fixed asset accounting;

(b) Student records management, including provisions for student scheduling, grade reporting, attendance tracking, and tracking of special education needs;

(d) Library automation, curricular resources, and educational technology services to support academic content standards and effective instruction; and

(e) Internet access and networking services, including email and the support of data exchange within the information technology center's user entities and across different information technology centers and their user entities.

(6) "Council of governments" (COG) means a regional organization of public governmental entities established pursuant to Chapter 167. of the Revised Code.

(7) "Department" means the department of education and workforce.

(8) "District" means any city, county, exempted village, local, joint vocational, or cooperative education school district as classified pursuant to section 3311.01 of the Revised Code or any public community school as classified pursuant to section 3314.01 of the Revised Code.

(9) "Electronic format" means a method of organizing data elements that enables data generated by one computer system to be read and used by another computer system without further human adjustment or modification of the transfer medium.

(10) "Electronic mail" (email ) means a paperless method of communicating and storing messages using a computer or a network of computers.

(11) "Electronic networking" means a data communication configuration in which two or more devices are connected to enable information transfer. Such a configuration permits the electronic linkage of computer systems over a large geographic area.

(12) "End user" means any employee of a user entity who interacts with an information technology center and is a direct recipient and benefactor of the core services.

(13) "Fiscal agent" means a board of education or governing board of a school district, educational service center, or council of government that has been designated by a computer consortium's governing body to function as the custodian of funds for that consortium organization pursuant to section 3313.92 of the Revised Code.

(14) "Information technology" means that whole body of methods and materials, including the use of computer systems and related electronic devices, that is utilized to process information.

(15) "Information technology center" (ITC) means an entity that has been authorized pursuant to section 3301.075 of the Revised Code and authorized by the department to provide core services to user entities.

(16) "Instructional technology" means the use of available technological resources, such as computer systems, software and data communications equipment, in an effort to enhance the learning environment of students with the ultimate goal of improving academic achievement.

(17) "Large district user entity" means a user entity with an ADM greater than or equal to twenty thousand students.

(18) "Ohio education computer network" (OECN) means that collective group of information technology centers authorized pursuant to section 3301.075 of the Revised Code, and their participating school districts and community schools. Such centers, in conjunction with the department, comprise a statewide delivery system to provide comprehensive, cost-efficient information technology services for participating Ohio school districts and community schools.

(19) "Quality implementation metrics" are the data reported by the department that reflect information technology center actual performance relative to the quality implementation standards.

(20) "Quality implementation standards" are the benchmarks set by the department for successful delivery of core services.

(21) "Site review" means an on-site peer review conducted by the department or its designee as a means to assess the effectiveness of the delivery of core services and the general user entity satisfaction of an information technology center.

(22) "User entity" means any organization authorized by the department to utilize the services of an information technology center. Such a user entity will have voting representation in the information technology center. The user entity may be any district or community school as defined in paragraph (B)(8) of this rule or any other public entity as determined by the department.

Last updated July 24, 2026 at 2:02 PM

History

Effective: June 7, 2024
Promulgated Under: 119.03

Ohio Adm.Code 3301-3-02 Qualifications for information technology centers and user entities.

(A) An information technology center is established by user entities, provides or plans to provide information technology services to user entities, and holds the appropriate site permit as defined in paragraph (A) of rule 3301-3-03 of the Administrative Code.

(B) A user entity meets the definition in paragraph (B)(22) of rule 3301-3-01 of the Administrative Code, and uses or expresses the intent to use services provided by an information technology center.

Last updated July 24, 2026 at 2:02 PM

History

Effective: May 22, 2010
Promulgated Under: 119.03

Ohio Adm.Code 3301-3-03

User entities desiring to establish an information technology center that meets the classification described in paragraph (A) of rule 3301-3-02 of the Administrative Code will apply to the department for the appropriate site-permit. An information technology center applying for an information technology center site-permit will provide the following:

(A) An organizational governance document ratified by the governing body of each proposed participating user entity of the information technology center that will be reviewed by legal counsel for compliance with Chapter 167. or section 3313.92 of the Revised Code;

(B) A schedule of services and proposed agreements for execution between the information technology center providing the services and its user entity permit holders;

(C) Information technology centers in existence as of January 1, 2005, will maintain a minimum base of twelve user entities that are provided with core services or have a minimum aggregate ADM of twenty thousand students. Prior to its establishment, any entity not classified as an information technology center as of January 1, 2005, desiring to form an information technology center will formally demonstrate and substantiate to the department the need for an additional information technology center, submit to the department a business plan as specified by the department, and be formally considered for approval by the department. Any information technology center established on or after January 1, 2005, will maintain a minimum base of twenty user entities that are provided with core services and have a minimum aggregate ADM of twenty-five thousand students; and

(D) A minimum schedule of staffing, training, core services, resources, and procedural operations as determined by the department consistent with rules 3301-3-06 and 3301-3-07 of the Administrative Code.

Last updated July 24, 2026 at 2:02 PM

History

Effective: June 7, 2024
Promulgated Under: 119.03

Ohio Adm.Code 3301-3-06

(A) An information technology center will:

(1) Promote a cooperative and integrated system of information technology for its user entities as well as among other information technology centers;

(2) Promote and administer the efficient and cost-effective implementation of information technology that supports information technology strategies of the department and all user entities;

(3) Coordinate innovative uses of information technology that support the goals of the department, information technology center, and all user entities;

(4) Provide for electronic networking capabilities between and among user entities and the information technology center, support connectivity to the department or its designee, and maintain a system of electronic contact information as specified by the department;

(5) Ensure that all data acquired on behalf of user entities are held in trust for those entities. Any transfer or release of any user entity's data will not occur until prior authorization is received from that specific entity. Upon receipt of district authorization, an information technology center will transfer or return district data without delay or impediment;

(6) Offer core services to all user entities and provide districts with the opportunity to obtain services on an individual-service basis and not inhibit districts from obtaining services from one or more information technology centers of their choosing: and

(7) Post on its website a list of all the services that it provides and the corresponding cost for each of those services.

(B) A user entity will:

(1) Utilize requested core services provided through the OECN and its component information technology centers;

(2) Participate in the governance and financial support of the information technology center that serves the user entity and remain financially current;

(3) Adhere to the governance documents of the information technology center;

(4) Procure and utilize a data communications link to communicate electronically with department personnel via compatible equipment;

(5) Provide data to the appropriate information technology center in an electronic format as defined by the department. Large district user entities may, at the discretion of the department, report data directly to the departmentand

(6) Build the capacity of its staff through professional development that allows the user entity to meet specific obligations to the information technology center pursuant to the contractual agreement between the information technology center and the user entity.

Last updated July 24, 2026 at 2:02 PM

History

Effective: June 7, 2024
Promulgated Under: 119.03

Ohio Adm.Code 3301-3-07

Information technology centers will meet the following performance standards:

(A) Governance - agreement/constitution

(1) The agreement between user entities establishing an information technology center will be ratified by all user entities, comply with section 3313.92 or Chapter 167. of the Revised Code, reviewed by legal counsel for compliance with section 3313.92 or Chapter 167. of the Revised Code, and be approved by the department.

(2) The agreement will include such provisions for a governing assembly as a board of directors or an executive committee.

(3) The agreement will include provisions for a systematic approach to encourage participation that is representative of all end users and governance that is representative of all user entities.

(4) The agreement will define the responsibilities of each component of the organizational structure.

(5) The information technology center's governing authority rests with the board of directors or the governing assembly rather than the fiscal agent.

(6) The agreement will set forth the process of change and define how organizational changes are to occur, including, amending the agreement, changing the fiscal agent, adding and withdrawing membership, and changing officers.

(7) The information technology center's governance document will contain language that holds harmless the fiscal agent for any liabilities, obligations, claims, damages, penalties, causes of action, costs or expenses relating to the operation and activities of the information technology center. Amounts to be paid in settlement of any such claims or damages, including attorneys' fees and costs and expenses, will be apportioned among all districts participating in the information technology center to the extent permitted by law.

The provisions of paragraph (A)(7) of this rule would not be applicable to cases of misfeasance, malfeasance, nonfeasance, or other illegal or inappropriate activities directly attributed to the actions of the fiscal agent.

(8) All governance policies and procedures, as well as daily site operations, will be in accordance with the information technology center's current by-laws, agreement(s), or both.

(9) All information technology centers will maintain fully executed contractual agreements with their user entities. The contractual agreement between the information technology center and its user entities will specify at a minimum the quality implementation standards, as defined by the department, for all core services, as well as any additional fees to supplement state subsidy for the core services.

(B) Fiscal operations standards

(1) Local fiscal operations

(a) The information technology center will demonstrate the appropriate appointment and utilization of a fiscal agent.

(i) An information technology center organized under section 3313.92 of the Revised Code will designate one user entity participating in the consortium agreement to act as fiscal agent.

(ii) An information technology center organized as a council of governments in accordance with Chapter 167. of the Revised Code may employ its own treasurer to assume all financial responsibilities or may elect to designate one user entity participating in the council to act as fiscal agent.

(iii) The fiscal agent treasurer or the treasurer employed by a council of governments is responsible for all financial transactions associated with the information technology center.

(iv) The fiscal agent treasurer or the treasurer employed by a council of governments will be licensed in accordance with section 3301.074 of the Revised Code.

(b) Financial accounting records of information technology center activities will be separately maintained and be auditable.

(i) Information technology centers will perform all financial transactions and accounting procedures in compliance with applicable laws of the state of Ohio and standards established by the auditor of state.

(ii) Information technology centers will establish, define, and adhere to procedures for receipting expenditures and accounting and equipment acquisition, inventory, and disposition.

(c) The appropriate governing bodies of the information technology center will approve all fee assessments, contracts, employee compensation and benefits, as well as initial and modified appropriations, as evidenced by official meeting minutes.

(d) The board of directors or the governing assembly will be provided access to the following:

(i) Detailed fiscal reports for each regular board of directors or governing assembly meeting.

(ii) Other reports upon request.

(2) Financial condition

(a) Amortization periods for the retirement of indebtedness will not exceed the recommended schedules for depreciation as established by the internal revenue service.

(b) The information technology center will establish a schedule of fees for services that, in combination with state subsidy funding, cash reserves, and other sources of revenue, will generate operating funds sufficient to meet anticipated expenditures.

(1) Organization

(a) The information technology center will hold a valid permit and maintain compliance with the criteria established for that permit as identified in rule 3301-3-03 of the Administrative Code.

(b) The information technology center will comply with section 3301.075 of the Revised Code and with the OECN line item appropriation language contained in the state budget as currently enacted.

(c) The information technology center as organized in accordance with either Chapter 167. or section 3313.92 of the Revised Code will provide a current copy of its organizational agreement(s) for review during the site review specified in paragraph (A)(2) of rule 3301-3-04 of the Administrative Code and upon request by the department and/or the public.

(2) Core services

(a) Core services will be delivered based upon the quality implementation standards communicated by the department.

(b) All software and hardware used by information technology center will enable efficient and effective end-user access to the core services.

(c) Equipment for computer systems or support services may be shared among and between multiple information technology centers in order to increase operational efficiencies, lower operating costs, and/or to improve service reliability.

(d) Contractual agreements will be executed with user entities across all core service areas specifying the areas of service (e.g. software management, data management, training, problem resolution, documentation, communication and quality of service), responsibilities of the information technology center and the user entity for each area of service, and quality implementation standards for each area of service.

(e) Specific guidelines applying to internet access and networking services

(i) The speed and reliability of the network will be commensurate with department standards and provide for optimal performance for end users.

(ii) Standards established by the department for connectivity will be maintained by the information technology center.

(iii) The information technology center is responsible for any repairs or maintenance to the network and equipment for accessing the internet.

(iv) The information technology center will coordinate and manage an integrated services network that may include, but not be limited to, voice, video, and data services. Any educational entity desiring to be connected will have the option of access and the primary internet service provider(s) will involve the network and provider(s) selected by the department.

(3) Reports

(a) The information technology center will file with the department a continuous improvement plan that meets department guidelines and timeframes as set by the department. The report will include tthe information technology center's planned versus actual delivery of core services based upon quality implementation standards. The report will inform the department-managed accountability system for the OECN. The information technology center will respond in writing to the department and/or make operational adjustments as directed by the department if deficiencies are noted in the department's review of the continuous improvement plan.

(b) The information technology center will implement an automated help-desk system with quality implementation standards defined by the department in partnership with the OECN. The system will, at a minimum, facilitate communication and problem resolution among user entities and escalation to appropriate information technology center staff across the OECN, as well as with the department. The system will enable the reporting of quality implementation metrics for the core services to the department and provide data for the department-managed accountability system for the OECN.

(c) Detailed financial records of the information technology center for the current and previous fiscal year transactions will be made available to the department during the site review conducted pursuant to rule 3301-3-04 of the Administrative Code. Financial records will also be made available to the department within sixty days of the end of the fiscal year in an electronic format as specified by the department.

(4) Business continuity, security, data release, and other safeguards

(a) A written business continuity plan will be formulated, reviewed at regular intervals by the governing body of the information technology center, and be kept on file at the department.

(b) A written security policy will be implemented to include the following:

(i) The methods for obtaining, processing, reporting and storing data.

(ii) Terms that prohibit access to the computer systems and services by unauthorized personnel.

(c) The information technology center staff will be bonded, at a level determined by the information technology center's governing body, for the faithful performance of their duties.

(d) The information technology center will have insurance coverage for all fixed assets.

(e) A data-retention policy will be written, implemented, and communicated to all user entities, that specifies how data are stored and restored and the method for disposal of data.

(f) The computer system will be reviewed at regular intervals to ensure sufficient system performance and data security.

(g) The information technology center will not modify in any respect software or associated data structures provided by the department without the prior written approval from the superintendent of public instruction or his or her designee.

(h) The environment for the computer systems will comply with the manufacturer's standards for installation, power, and maintenance.

(i) The physical security of the information technology center will prevent unauthorized access to the computer systems.

(j) A written data release policy will be implemented and communicated by the information technology center. The policy will describe the process for requesting a release, return, or transfer of data. A release, return, or transfer of data will occur no later than ten business days following the district's request, unless otherwise specified and agreed upon by both the district and the information technology center.

(5) Information technology center personnel

(a) Staffing levels are to be sufficient to meet the service needs of the user as measured by end-user and staff satisfaction. Personnel assignments will ensure that user support needs are met and that all core services are successfully delivered.

(b) All staff will have training and/or experience necessary to perform the duties contained in their job descriptions.

(d) All information technology center staff whose job assignments are related to the support of technology or technology services will engage in an ongoing program of in-service relative to their area of assignment. Staff training will be aligned with the continuous improvement plan of the information technology center and reflect the policies and guidelines established by the local professional development committee (LPDC).

(e) Information technology staff who hold an educator license or certificate issued by the state board of education and who are utilizing the LPDC process in order to renew and maintain licensure will comply with rule 3301-24-08 of the Administrative Code.

Last updated July 24, 2026 at 2:02 PM

History

Effective: June 7, 2024
Promulgated Under: 119.03

Ohio Adm.Code 3301-3-04 Information technology center permit validity and revocation.

(A) To retain its site-permit, an information technology center will comply with:

(1) Rule 3301-3-03 of the Administrative Code.

(2) The responsibilities defined in rule 3301-3-06 of the Administrative Code and the performance standards set forth in rule 3301-3-07 of the Administrative Code. The department may conduct a site-review of an information technology center, which information technology center will correct any noted deficiencies within a time period established by the department.

(B) Any site-permit issued by the department under this rule will remain valid until surrendered by the permit holder or suspended or revoked by the department pursuant to the provisions of Chapter 119. of the Revised Code for failure to comply with the rules of this chapter.

Last updated July 24, 2026 at 2:02 PM

History

Effective: June 7, 2024
Promulgated Under: 119.03

Ohio Adm.Code 3301-3-05 Responsibilities of the department.

The department will:

(A) Develop, articulate, promote, and work with information technology centers on the implementation of a vision and a plan for an integrated system of information technology and data exchange;

(B) Define and communicate core services and quality implementation standards for those services;

(C) Ensure the deployment of an accountability system for the OECN of quality delivery of core services, including the use of any accountability system components as described in paragraph (B)(1) of rule 3301-3-01 of the Administrative Code;

(D) Oversee a system of site-permit application, issuance, and revocation;

(E) Appoint a committee or committees comprised of the user entity, information technology center, and department representatives to provide advice and guidance regarding the OECN, core services, administration, operational procedures, funding, and future direction;

(F) As authorized by the Ohio general assembly, provide funding to subsidize the delivery of core services by information technology centers to their user entities; and

(G) Provide for a system to enable information technology centers to document user entities receiving core services in order to facilitate the calculation and distribution of subsidy funding and to demonstrate compliance with the paragraph (C) of rule 3301-3-03 of the Administrative Code.

Last updated July 24, 2026 at 2:02 PM

History

Effective: June 7, 2024
Promulgated Under: 119.03

Chapter 3301-7 Standards for the Ethical Use of Tests

Ohio Adm.Code 3301-7-01 Standards for the ethical use of tests.

(A) These standards of ethical test practice are used in determining if a practice related to a test is consistent with the principles of performing one's duties with honesty, integrity, due care, fairness to all, ensuring the integrity of the test process, and the reliability and validity of any inference made from any result of a test. Except as otherwise specified, as used in this rule, the following definitions apply:

(1) "Test" includes secure and non-secure state tests as prescribed by sections 3301.0710, 3301.0711, 3301.0712, and 3301.0715 of the Revised Code, and provided by the department. Test also includes district and school standardized tests including norm referenced tests. Test includes the test instrument itself and any part of the process of assessing or testing a student.

(2) "Participating school" means any city, exempted village, local, cooperative education, or joint vocational school district or any community or any chartered nonpublic school that participates in state testing; the state school for the blind; the state school for the deaf; any school operated by the departments of youth services or rehabilitation and corrections; or any entity that tests its students with the state tests.

(3) "Appropriate staff" includes any designated certificated or non-certificated employee of a participating school who has direct access to a test or participates in any activity related to preparing a student for a test. Appropriate will hold a license, certificate, permit, or registration issued by the state board of education in order to administer or score a test and/or interpret or use any result of a test.

(4) "Secure test" includes any test, whether state or national, that is administered to the entire or a portion of the entire state student population and/or that is provided by the state, the results of which are included in Ohio's accountability system, are included as part of a student's course of study, are part of the pre-college admission process, or are prescribed by state and/or federal law. Secure tests are treated as secure materials until released by the test developer and/or the department. They do not include any diagnostic test prescribed to be administered pursuant to section 3301.0715 of the Revised Code, any practice test, or any test that already has been released to the public by the test developer or by the department as a public record following the school year that the test was administered in accordance with section 3301.0711 of the Revised Code.

(5) "State test " means any test that is provided by the department for use in all participating schools in the state including the grades three to eight English language arts, mathematics and science tests, high school end-of-course examinations, Ohio graduation tests, diagnostic tests, alternate assessments, English language proficiency assessment, kindergarten readiness assessment, or early learning assessments.

(B) Each participating school will ensure that all appropriate staff have knowledge of these standards of ethical test practice and will monitor the practices of all appropriate staff to ensure compliance with these standards. Each participating school's duties include, are not limited to, the following:

(1) Communicate in writing to all appropriate staff at least once annually the standards defining what is an unethical and/or inappropriate practice that are contained in paragraphs (C) to (E) of this rule as well as any additional standards of ethical test practice adopted by a participating school;

(2) Clearly define and communicate in writing at least once annually to all appropriate staff how the standards will be monitored and what sanctions will apply for any violations of the standards and under what circumstances such sanctions will apply;

(3) Clearly define and communicate to all appropriate staff prior to each test the purpose(s) for each test;

(4) Clearly define and communicate in writing to all appropriate staff at least once annually all security procedures established by a participating school for each type of secure test identified in paragraph (A)(4) of this rule, including, but not limited to, the test security provisions established in accordance with rule 3301-13-05 of the Administrative Code;

(5) Provide any other information and training as may be necessary to ensure that all appropriate staff have the knowledge and skills necessary to make ethical decisions related to preparing students for a test, administering and/or scoring a test, and/or interpreting and/or using any result of a test;

(6) Establish written procedures for reviewing the materials and practices to be used in a participating school to prepare students for a test, and clearly communicate in writing these procedures, materials, and practices at least once annually to all appropriate staff;

(7) Periodically review materials and practices related to preparing students for a test, administering and/or scoring a test, and/or interpreting and/or using any result of a test to ensure that the materials and practices are up-to-date, and clearly communicate in writing any additions or changes at least once annually to all appropriate staff;

(8) Provide channels of communication that allow teachers, other educators, students, parents, and/or other members of the community to voice any concern about any practice they consider unethical and/or inappropriate; and

(9) Establish written procedures for investigating any complaint, allegation, and/or concern about an unethical and/or inappropriate practice, ensuring protection of the rights of an individual, the integrity of a test, and any result of a test.

(C) In monitoring practices related to preparing students for a test, each participating school will use, but not be limited to, the following standards that define the types of practices that are unethical and/or inappropriate:

(1) Any preparation practice that results solely in raising scores or performance levels on a specific test without simultaneously increasing a student's achievement level as measured by other tasks and/or test designed to assess the same content domain;

(2) Any practice involving the reproduction of any secure test materials, through any medium, for use in preparing a student for a test;

(3) Except for materials that are developed and specifically designated as "practice tests" by the department, any preparation activity that includes a question, task, graph, chart, passage, or other material included in a test, and/or material that is a paraphrase or highly similar in content to what is in a test;

(4) Preparation for a test that focuses primarily on the test, including its format, rather than on the Ohio learning standards being assessed;

(5) Any preparation practice that does not comply with, or has the appearance of not complying with any statutory or regulatory provision related to security of a test; and

(6) Any practice that supports or assists others in conducting unethical or inappropriate preparation activities.

(D) Except as specifically permitted by written instructions provided by the developer of a test, by the department, or by Chapter 3301-13 of the Administrative Code pertaining to accommodations and/or alternate assessment, each participating school will use, but not be limited to, the following standards that define the types of practices related to administering and/or scoring tests that are unethical and/or inappropriate:

(1) Any test used for purposes other than that for which it was intended;

(2) Any practice that results in a potential conflict of interest or one that exerts undue influence on a person administering and/or scoring a test, either making or appearing to make a testing process unfair to some examinees;

(3) Except for accommodations and/or alternate assessments expressly permitted under Chapter 3301-13 of the Administrative Code, any change in procedures for administering and/or scoring a test that results in a nonstandard condition for one or more students;

(4) Any practice that allows a person without sufficient and appropriate knowledge, skills, and/or training to administer and/or score a test;

(5) Any administration and/or scoring practice that may produce a result contaminated by a factor not relevant to the purpose(s) of a test;

(6) Any practice of excluding one or more students from a test solely because a student has not performed well, or might not perform well, on the test and/or because the aggregate performance of a group may be affected;

(7) Any practice immediately preceding and/or during a test including, but not limited to, the use of a gesture, facial expression, body language, tone of voice, language, or any other action and/or sound that may guide a students' response;

(8) Except for the directions for administration as prescribed by the test developer and/or by the department, any practice such as providing to a student, immediately preceding and/or during administration of a test, any definition and/or clarification of the meaning of a word or term contained in a test;

(9) Any practice that corrects or alters any student's response to a test either during and/or following the administration and/or scoring of a test; and

(10) Any practice that supports or assists any person in unethical and/or inappropriate practices during administration and/or scoring of a test.

(E) In monitoring practices related to interpreting and/or using any result of a test, each participating school will use, but not be limited to, the following standards that define the types of practices that are unethical and/or inappropriate:

(1) Providing interpretations of and/or using any result of a test in a manner and/or for a purpose that was not intended;

(2) Making false, misleading, or inappropriate statements and/or unsubstantiated claims that may lead to false and/or misleading conclusions about any result of a test;

(3) Any practice that permits appropriate staff without the necessary knowledge and skills to interpret and/or use any result of a test;

(4) Any practice that violates, or places at risk, the confidentiality of personally identifiable information pursuant to section 3319.321 of the Revised Code;

(5) Any practice that provides an interpretation or suggests a use of any result of a test without due consideration of the purpose(s) for the test, the limitations of the test, an examinee's characteristics, any irregularities in administering and/or scoring the test, and/or other factors that may affect any result; and

(6) Any practice that supports or leads any person to interpret and/or use any result of a test in unethical and/or inappropriate ways.

(F) Each participating school will cooperate with the department in conducting an investigation of any alleged unethical and/or inappropriate assessment practice as defined in this rule.

Last updated May 14, 2024 at 8:37 AM

History

Effective: May 12, 2024
Promulgated Under: 119.03

Ohio Adm.Code 3301-13-05

(A) All test questions and all other test materials, are considered secure test materials and subject to the provisions of sections 3319.151 and 3319.99 of the Revised Code and to the provisions of this rule.

(B) The test materials that are specifically designated as "practice tests" and any assessment released by the department as a public record in accordance with section 3301.0711 of the Revised Code and this rule are not considered secure.

(C) Each person designated as a test coordinator for a participating school, in accordance with rule 3301-13-02 of the Administrative Code, is responsible for:

(1) Ensuring that all test security provisions are complied with while test materials remain in a participating school;

(2) Ensuring that all test security provisions are complied with during the administration of each test administration session, including makeup sessions; and

(3) Accounting for all test materials, including booklets by serial number and answer documents.

(D) No person will reveal, cause to be revealed, release, cause to be released, reproduce, or cause to be reproduced any secure test materials through any means or medium including, but not limited to, electronic, photographic, photocopy, written, paraphrase, or oral.

(E) No unauthorized person is permitted to be in a test room during any test administration session or have access to any secure test materials at any time such materials are in a participating school.

(F) Each participating school will establish written procedures to protect the security of the paper test materials that include, but are not limited to, the following:

(1) Specification of district procedures for handling, tracking, and maintaining security of test materials from the time and point of receipt in a participating school until the time and point of shipping to the scoring contractor;

(2) Specification of procedures for handling, tracking, and maintaining security of test materials at a site before, during, and after a test administration, including, but not limited to, procedures for accounting for and storing test booklets, answer documents, and all other test materials in a secure location before, during, after, and between test administration sessions;

(3) Specification of building procedures for handling, tracking, and maintaining security of the test materials from the time and point of receipt in a building prior to testing until after the test administration when the test materials are returned to the district's central collection location;

(4) A provision mandating the shipping and return of all scorable used test booklets, secure answer documents, and any other materials specified by the department to the specified location not later than one business day after the completion of a test administration period in accordance with the directions provided by the designated scoring service provider; and

(5) A provision mandating the shipping and return of all nonscorable used and unused test booklets, unused secure answer documents, and any other materials specified by the department to the specified location not later than seven calendar days after the completion of a test administration period in accordance with the directions provided by the designated scoring service provider.

(G) Each participating school will establish written procedures to protect the security of the online and paper tests that include, but are not limited to, the following:

(1) Identification of each person by name with a designated title as being either a test coordinator, test administrator, monitor, translator, or scribe who is authorized to be present in a test room during a test administration session, including a makeup session, and/or who is authorized to have access to the test materials;

(2) Specification of a procedure for investigating any alleged violation of a test security provision or any alleged unethical testing practice, including ensuring due process for any individual accused;

(3) Specifications of a procedure for determining an action or actions to be taken in response to any confirmed violation of section 3319.151 of the Revised Code, rule 3301-7-01 of the Administrative Code, this rule, or the school's test security procedures, including, but not limited to, cheating by a student, anyone assisting a student to cheat, and/or anyone compromising a student's test;

(4) Specification of a procedure for determining whether to invalidate a student's test in response to a test security violation caused either by a student and/or by any other person; and

(5) Specification of how the written procedures will be communicated in writing and discussed each school year with employees who have access to secure test materials, students enrolled in the participating school who are being tested, and with any other person authorized to be present in a test room and/or have access to any secure test materials.

(H) Each participating school will report any alleged test security violation to the department in accordance with the procedures specified by the department as soon as it becomes known to the participating school.

(1) Upon receipt of information about an alleged test security violation, the department will contact the participating school to request the opening of an investigation. After the initial contact, the department will notify the participating school in writing that a case has been opened for an alleged test security violation.

(2) Within ten calendar days after the completion of the participating school's investigation, the participating school will file a written report with the department containing the following:

(a) The names, positions, and titles of all persons believed to be involved in the incident;

(b) A detailed description of the incident;

(d) A statement of evidence or a statement of lack of evidence that a test security violation occurred;

(e) The results of the investigation, including the grounds for determining the occurrence of a test security violation or lack thereof; and

(f) An explanation of any corrective or disciplinary action taken, including actions taken under authority of section 3319.151 of the Revised Code.

(3) Each participating school will ensure the cooperation of all of its employees in any investigation that is conducted by the department pursuant to any allegation or other indication that a test security violation may have occurred.

(I) By the first of October of each school year, each participating school will communicate in writing to and discuss with all employees who have access to the secure test materials and students who are being tested the applicable written security procedures and the actions to be taken in response to any violations established pursuant to this rule. In the event that a participating school administers a state test during a fall test administration period that occurs prior to the first of October, prior to the beginning of the applicable test administration period each school year, the participating school will communicate in writing to and discuss with all employees who have access to the secure test materials and students who are being tested the applicable written security procedures and the actions to be taken in response to any violations established pursuant to this rule. Students and staff will be reminded orally of these provisions prior to the beginning of each test administration period by a test coordinator and test administrator.

(J) Each joint vocational school district that has executed an agreement with a participating school to administer any test pursuant to rule 3301-13-02 of the Administrative Code will comply with all provisions of this rule.

(K) The provisions of this rule do not apply to commercial tests, as defined in rule 3301-13-01 of the Administrative Code. Districts and schools using commercial tests for state or local purposes are directed to follow the rules and procedures established by the commercial test provider.

Last updated May 14, 2024 at 8:39 AM

History

Effective: May 12, 2024
Promulgated Under: 119.03

Chapter 3301-8 Payment of Debt Service Charges

Ohio Adm.Code 3301-8-01 Payment of debt charges under the state credit enhancement program.

(A) As used in this rule, the terms "debt charges" and "securities" have the same meanings as in section 133.01 of the Revised Code, and "state education aid " has the same meaning as is in section 5727.84 of the Revised Code.

(B) The board of education of any school district seeking approval from the department of education and workforce and the office of budget and management for participation in the payment of debt charges under the state credit enhancement program is to submit to the department of education and workforce and the office of budget and management a copy of a school district board-approved resolution requesting participation in the program and certifying the district debt obligations are in compliance and within statutory debt limitations established for the school district. In addition to the resolution, the district will submit an application certified by the treasurer attesting to the accuracy and completeness of the following information:

(1) The current credit rating or ratings for the school district, the latest rating report or surveillance rating report from the rating agency or agencies, and an indication if the school district has made, or expects to make, an application for a credit rating with one or more nationally recognized credit rating organizations with respect to the securities proposed to be issued in connection with the state credit enhancement program outlined under section 3317.18 of the Revised Code;

(2) The following debt schedules in the format specified by the office of budget and management, including a description of the debt (series name); payment details by payment date of principal, interest, and total payment; and annual totals by fiscal year for:

(a) Current outstanding obligations, as identified in division (B)(2)(a) of section 3317.18 of the Revised Code, to which state education aid from Chapter 3317. of the Revised Code is pledged, including but not limited to prior issuances under the state credit enhancement program, obligations purchased and held by the treasurer of state under division (G)(1) of section 135.143 of the Revised Code, and solvency assistance advances;

(b) The securities proposed to participate in the state credit enhancement program as outlined under section 3317.18 of the Revised Code;

(c) An aggregated debt schedule combining all outstanding and proposed obligations detailed in paragraph (B)(2) of this rule such that the debt schedules of paragraph (B)(2)(a) plus the debt schedules of paragraph (B)(2)(b) of this rule equal the aggregated debt schedule.

(3) Any schedule of findings from the latest school district financial audit reviewed and approved by the auditor of state and the district's official response to the findings, including any corrective action plan when available;

(4) The latest school district appropriation budget pursuant to section 5705.38 of the Revised Code documenting appropriations to support the operational needs of the district;

(5) The latest school district five-year forecast, including both projections and assumptions, submitted through EMIS (education management information system) or in such other format as specified by the department of education and workforce within thirty days prior to submission of the state credit enhancement program application. If the latest submission is older than thirty days, it may be submitted provided the treasurer certifies it still accurately represents the current financial status of the district;

(6) If the school district is designated as a fiscal oversight district in accordance with Chapter 3316. of the Revised Code when the application for participation in the state credit enhancement program is submitted or at any time prior to the sale and issuance of the securities proposed for participation in this program, the district treasurer is to certify a statement to accompany the five-year forecast detailing the district's current and proposed efforts to restore financial solvency and how participation in the program may assist in restoring fiscal solvency. The statement will include disclosure of any loans obtained from the state for solvency assistance and the unpaid balance of these loans at the time of application for participation in the program as detailed in the debt schedules provided in accordance with paragraph (B)(2) of this rule;

(7) A statement as to how participation in the state credit enhancement program will enhance the marketability of the securities;

(8) A statement of the current and projected state education aid due to the school district per the most recent "Foundation Payment Report - Statement of Settlement," or any subsequent replacement report, provided by the department of education and workforce and located on its website (education.ohio.gov). For purposes of the calculation of the ratios described in paragraphs (B)(9) and (B)(10) of this rule, the bottom line on this report described as "Total Payment" is considered to be the amount of state education aid to be distributed to the school district;

(9) Documentation in the format specified by the office of budget and management showing the district's calculation of the ratio of the projected amount of state education aid to be distributed to the school district for the current fiscal year to the maximum annual debt charges for debt participating in the state credit enhancement program, including the proposed securities due in the current or any future fiscal year as documented in the aggregated debt schedule set forth in paragraph (B)(2)(c) of this rule, and the identification of the year in which the maximum annual debt charges occur;

(10) Documentation in the format specified by the office of budget and management showing the district's calculation of the ratio of the projected amount of state education aid remaining to be distributed to the school district for the current fiscal year to the debt charges remaining to be paid in the fiscal year for debt participating in the state credit enhancement program, including the proposed securities as documented in the aggregated debt schedule set forth in paragraph (B)(2)(c) of this rule;

(11) A statement regarding the purpose of the securities to be issued in connection with the state credit enhancement program outlined under section 3317.18 of the Revised Code (if the issue is for refunding purposes, explain what previous securities are being refunded and whether they were issued under the state credit enhancement program);

(12) A statement indicating the estimated net savings afforded to the school district through participation in the state credit enhancement program;

(13) Contact information for the school district's underwriter and/or municipal advisor, bond counsel, and primary paying agent or fiscal agent if available;

(14) A financing schedule of significant events detailing the estimated time frame for the issuance and sale of securities. Approval of the request for participation in the state credit enhancement program is valid only during the estimated time frame for the issuance and sale of bonds, which may be extended, but not to exceed twelve months from the original approval date;

(15) Bonds supported by an income tax under division (E) of section 3318.052 of the Revised Code need to include the following documents that can be obtained from the department of taxation:

(a) Certification letter providing tax rate, equivalent millage, and, if necessary, effective millage reduction estimates;

(b) Certification of the first year's collections pursuant to section 5748.05 of the Revised Code; and

(16) Any supplemental information the department of education and workforce or the office of budget and management requests to evaluate the securities for participation in the state credit enhancement program outlined in section 3317.18 of the Revised Code.

(C) Approval of the request for participation in the state credit enhancement program under division (B) of section 3317.18 of the Revised Code will only be granted if the projected amount to be distributed to the school district from state education aid for the current fiscal year exceeds the maximum annual debt charges due in the current or any future fiscal year by a ratio of 2.5 to one and at any time during the current or any fiscal year, the projected amount of state education aid remaining to be distributed in the fiscal year exceeds the debt charges remaining to be paid in that fiscal year by a ratio of 1.25 to one. For purposes of these calculations, debt charges include outstanding and proposed debt under this program plus any other outstanding obligations of the school district to which state education aid has been pledged as the senior lien security.

(D) Any school district with outstanding obligations approved under these provisions cannot pledge state education aid due to the school district as senior lien security for any debt unless the projected state education aid to be distributed to the school district in the current fiscal year exceeds the maximum annual debt charges due in the current or any future year on all outstanding and proposed obligations to which state aid is pledged as the senior lien security by a ratio of 2.5 to one. However, if after the district has been approved for credit enhancement, the auditor of state certifies a deficit and the district receives a solvency assistance advance under Chapter 3316. of the Revised Code, calculation of the ratio for this provision will not include the solvency assistance advance.

(E) If the department of education and workforce approves the request of a school district to withhold and deposit funds pursuant to section 3317.18 of the Revised Code and this rule, the school district is to identify a primary paying agent or fiscal agent who is not an officer or employee of the school district. The department of education and workforce will then enter into a written agreement with the school district and the primary paying agent or fiscal agent for the withholding of funds pursuant to section 3317.18 of the Revised Code and this rule for the payment of debt charges on those securities. This agreement needs to include the following:

(1) A provision that states at least fifteen business days prior to the date on which debt charges on program securities are due, the school district will certify to the department of education and workforce and the primary paying agent or fiscal agent the amount of any insufficiency in the amount of funds needed to pay in full the debt charges when due;

(2) A provision that states at least ten business days prior to the date on which debt charges are due, the school district will make a deposit with the paying agent or fiscal agent in an amount sufficient to pay in full all debt charges;

(3) A provision that states at least ten business days prior to the date on which debt charges are due, the primary paying agent or fiscal agent will notify the department of education and workforce of any insufficiency in the amount of funds on deposit from the school district from which debt charges are to be paid. Notification under this paragraph will be provided verbally and in writing to the telephone number(s) and email address(es) identified in the bond registrar agreement, respectively. The email communication is to include a copy of the delinquent payment invoice(s) and the fully executed bond registrar agreement documenting authority to intercept. In the event the primary paying agent or fiscal agent is unable to receive confirmation from a department of education and workforce representative that it is aware of the insufficiency in the amount of funds on deposit, the paying agent or fiscal agent will contact the district treasurer and the district's bond counsel for further assistance. The agent will provide the department of education and workforce a valid state of Ohio ID and affirm that all EFT banking information is up to date to enable the transfer of funds in accordance with the timeline established in the agreement;

(4) An attachment which documents the finalized debt schedule for the securities to be issued in connection with the state credit enhancement program outlined in section 3317.18 of the Revised Code in the format described in paragraph (B)(2) of this rule;

(5) An attachment which documents the final ratio calculations as set forth in paragraphs (B)(9) and (B)(10) of this rule demonstrating compliance with the provisions of paragraphs (C) and (D) of this rule. The attachment also needs to include the most recent "Foundation Payment Report - Statement of Settlement" used to complete the ratio calculations on the date of sale as set forth in paragraph (B)(8) of this rule;

(6) An attachment which documents the primary paying agent or fiscal agent has established a business relationship with Ohio shared services, or any subsequent designee of the office of budget and management, to provide the state of Ohio all current electronic funds transfer ("EFT") banking information necessary to ensure transfer of funds to the agent within the specified time frames of the agreement. The document has to certify the current ID issued by the state of Ohio and that the agent agrees to maintain the ID and EFT banking information throughout the life of the agreement. The agent will designate the EFT account established as the primary format for receipt of payments from the state of Ohio to enable the department of education and workforce to comply with the specified time frames of the agreement; and

(7) A provision that states a copy of the fully executed written agreement will be provided to the department of education and workforce and the office of budget and management within five business days of the issuance closing date.

(F) Upon receipt of a notification of insufficiency, the department of education and workforce will immediately determine whether the school district is able to make the payment to cover the insufficiency by the third business day prior to the payment date. If the department of education and workforce confirms or determines that the school district will be unable to make such payment by the third business day prior to the payment date, the department of education and workforce will deposit, provided a valid state of Ohio ID with current EFT banking information has been provided, with the primary paying agent or fiscal agent by two p.m. (Ohio time) at least one business day prior to the payment date, in immediately available funds, the amount of the deficiency (not exceeding the amount of state education aid due to the school district for the remainder of the state fiscal year). Payments made under this provision are to be made before any reduction in state education aid is made for reimbursement of a solvency assistance advance under Chapter 3316. of the Revised Code.

(G) If a transfer of state education aid is necessary by paragraph (F) of this rule, the school district in conjunction with the department of education and workforce will evaluate its inability to pay the debt charges and will develop and implement corrective actions to ensure full and timely payment by the school district of future debt charges. This plan for corrective action is to be presented by way of letter to the department of education and workforce.

(H) The agreements between school districts and the department of education and workforce under this rule are irrevocable as long as any of the respective school district's program securities participating in the state credit enhancement program outlined in section 3317.18 of the Revised Code are outstanding.

(I) Any credit rating agency which has a current rating of this program will be notified of future material changes to this rule.

Last updated August 14, 2026 at 10:10 AM

History

Effective: January 10, 2025
Promulgated Under: 119.03

Chapter 3301-10 School Enrollment for Domestic Violence Victims

Ohio Adm.Code 3301-10-01 School enrollment for victims of domestic violence.

(A) Tuition

A child who is with his/her parent, as parent is defined in section 3313.64 of the Revised Code and who is under the care of a shelter for victims of domestic violence, as defined in section 3113.33 of the Revised Code, is entitled to attend school free in the district in which the child is with his/her parent and no other school district is obligated to pay tuition for the child's attendance in that school district.

(B) Enrollment and placement

(1) The enrollment of a child in a school district under this rule cannot be denied due to a delay in the school district's receipt of any records under section 3313.672 of the Revised Code or any other records necessary for enrollment.

(2) The enrollment of the child will take place immediately upon his or her request to be admitted into school. At the time of entry, the parent under the care of a shelter for victims of domestic violence will notify the receiving school of that fact, except as provided in section 111.43 of the Revised Code. Upon being so informed, the school will inform the elementary or secondary school from which it requests the pupil's records of that fact. The notified school is unauthorized to release to any person, or permit any person to have access to, any information about the location of the elementary or secondary school to which this child has transferred.

(3) In the absence of sufficient records, temporary placement will be made from information gathered from the child, parent or personal contact with the previous school, at the time of enrollment.

(4) Upon the receipt of sufficient records, appropriate placement will be determined by the receiving school. Disclosure by the secretary of state that a program participant under section 111.43 of the Revised Code resides in that school district is sufficient for the purpose of establishing residency as part of enrollment.

(5) The receiving school cannot use previous records of attendance in determining academic grade determination or nonparticipation in extracurricular activities.

(6) Within twenty-four hours of the child's entry into the school, a school official will request the pupil's official records from the elementary or secondary school he most recently attended in accordance with section 3313.672 of the Revised Code.

(1) Receiving schools will accept attendance days, grade placement, and credits reported by the school the child most recently attended pursuant to rule 3301-35-04 of the Administrative Code.

(2) Any attendance, grades, and credits earned by a child enrolled in a school pursuant to this rule will be transferred to and accepted by any school in which the child subsequently enrolls.

Last updated June 7, 2024 at 7:49 AM

History

Effective: June 7, 2024
Promulgated Under: 119.03

Ohio Adm.Code 3301-35-04

(A) To ensure that student and other stakeholder needs are understood and addressed, the school district or chartered nonpublic school will:

(1) Establish and communicate clear, high expectations for academic performance, attendance and conduct for all students;

(2) Diagnose and assess the needs of students and other stakeholders and use assessment results and, as applicable, state performance data and relevant local measures to make informed decisions about curriculum, instruction, assessment, and goals;

(3) Monitor and analyze its state performance data and relevant local measures, as applicable, educational offerings, facilities, services and instructional materials to determine their effectiveness in helping students meet performance objectives;

(4) Continually improve programs and policies to better meet student needs by:

(a) Considering input from stakeholders;

(b) Monitoring and considering the changing needs and expectations of stakeholders;

(d) Using collaborative teams to analyze and use data to assess improvement and identify implementation issues and academic successes and gaps.

(5) Communicate information about student attendance, conduct, academic performance and progress to parents on a regular basis.

(B) The school district or chartered nonpublic school shall implement a curriculum and instructional program that is characterized by systematic planning, articulation, and evaluation. The school district's or chartered nonpublic school's curriculum shall be developed with input from and dialogue with parents, community members, and other stakeholders.

(1) In addition to those subjects required by the Revised Code, school districts and chartered nonpublic schools also shall provide for study of the following:

(a) Personal safety and assault prevention in grades kindergarten through six;

(b) Foreign language;

(d) Family and consumer sciences; and

(e) Business education.

(2) Courses of study define the key components of a school district's or chartered nonpublic school's curriculum and instruction.

(a) A course of study will be adopted for each subject taught and do the following:

(i) Comply with the provisions of section 3313.60 of the Revised Code;

(ii) Align with the school district's or chartered nonpublic school's vision, mission, philosophy, educational goals, and strategic plan;

(iii) Specify learning and performance expectations;

(iv) Establish a scope and sequence of knowledge and skills to be learned;

(v) Provide a way to assess student progress and the need for intervention;

(vi) Address the various developmental needs of early childhood, middle childhood, and adolescent through young adult students;

(vii) Use technological tools and emphasize inter-disciplinary, real-world, project-based, and technology-oriented learning experiences;

(viii) Be developed with consideration of the academic standards adopted in accordance with section 3301.079 of the Revised Code and published on the website of the department of education and workforce;

(ix) For career and technical courses, be informed by career and technical core standards and performance measures.

(b) Courses of study are to be reviewed and updated as needed.

(c) School districts and chartered nonpublic schools will provide for an assessment system that aligns with their courses of study and includes:

(i) Regular assessment of student performance;

(ii) A policy governing the provision of academic prevention/intervention services for all grades and all schools through the school district;

(iii) Guidelines for using assessment results and, as applicable, state performance data and relevant local measures, for instruction, evaluation, intervention, guidance, and grade-promotion decisions;

(iv) As applicable, written policies and procedures regarding the participation of students with disabilities and English learners;

(v) Ongoing professional staff development that teaches accepted standards of practice in the selection, administration, interpretation, and use of assessments;

(vi) Multiple and appropriate assessments that shall be used to measure student progress;

(vii) Assessment practices that, when used to qualify students for graduation, promotion or special programs or services, conform to current professional standards for validity and reliability; and

(viii) Sharing information with parents, students, and the community regarding assessment purposes and results.

(C) Every student in a school district or chartered nonpublic school is entitled to opportunities to acquire the knowledge and skills necessary to meet local course of study objectives.

(D) School districts and, where applicable, chartered nonpublic schools will provide students with the opportunity to acquire knowledge and skills and earn credits toward graduation through a variety of methods including, but not be limited to, the following:

(1) Advanced standing programs under section 3313.6013 of the Revised Code; and

(2) Credit flexibility.

(E) The school district's or chartered nonpublic school's policy for awarding credit for completion of courses or options under paragraph (D) of this rule:

(1) Will specify that a fractional unit of credit be awarded on a proportionate basis for a course that meets less than the minimum one hundred twenty hours required for one credit unit;

(2) May permit more than one unit of credit to be awarded on proportionate basis for a course that meets more than one hundred twenty hours;

(3) May permit students below the ninth grade to take advanced work for credit; and

(4) Will specify that units earned through integrated coursework are eligible to meet the graduation requirements.

(F) Student achievement will be monitored according to established procedures to include the following:

(1) Student progress reports provided to parents on a regular basis, with timely notification of problems with student achievement, conduct or attendance. Conferences between teachers and parents may be one method of providing this information;

(2) Student cumulative records maintained, and student records safeguarded according to the Family Educational Rights and Privacy Act (January 2013), 20 USC section 1232g;

(3) Criteria for decisions on student promotion and retention;

(4) Student admission, placement, and withdrawal shall be processed according to established procedures, including policies for:

(a) The admission of students to kindergarten and grade one; and

(b) Accepting grade placement and units of credit for students transferring from any school in the state of Ohio and from any out-of-state school approved by a state department of education or the equivalent for schools attended in another country.

(5) Diplomas being issued to students who complete graduation requirements.

(G) School districts' and chartered nonpublic schools' policies and procedures regarding student health and safety are to be designed to ensure the safety and wellness of all students and are to comply with applicable local, Ohio, and federal laws for health, fire drills, and safety.

Last updated February 16, 2024 at 8:07 AM

History

Effective: February 16, 2024
Promulgated Under: 119.03

Chapter 3301-11 Educational Choice Scholarship Program

Ohio Adm.Code 3301-11-01 Definitions.

In addition to the terms defined in section 3310.01 of the Revised Code, the following terms are defined as they are used in the rules in this chapter:

(A) "Applicant" is any parent, or any student who is at least eighteen years of age, who is seeking an educational choice scholarship for an eligible student;

(B) "Department" means Ohio department of education.

(C) "Designated building" is a school building on the list published on the department's website (education.ohio.gov) in accordance with requirements specified in division (A) of section 3310.03 of the Revised Code .

(D) "Enrolled" has the same meaning as in division (E) of section 3317.03 of the Revised Code;

(E) "Excused absence" is an absence from school approved by the administrator of a chartered nonpublic school on the basis of one or more of the conditions listed in paragraph (B)(2) of rule 3301-69-02 of the Administrative Code;

(F) "Family income" is the income of the applicant and his or her household and means the total before tax earnings of adult family members who are not claimed as dependents for federal income tax purposes, including wages, salary, commissions, tips, self-employment net profits, social security, retirement survivor disability insurance (RSDI), veteran's benefits, railroad retirement, disability workers compensation, unemployment benefits, child support, alimony, spousal support, pensions, retirement benefits, rental income, and lottery/gaming winnings. Income excludes public assistance programs, foster care or kinship payments, general relief, loans, grants and scholarships for educational expenses and earned income of a child who is a student or adjusted gross income as defined by the internal revenue service;

(G) "Household" means the eligible student and the legal guardian of the eligible student, the spouse of the legal guardian or birth parent of any child under the age of eighteen, and children under the age of eighteen specified in section 3310.033 of the Revised Code, and children of the parent or legal guardian of the eligible student who are fulltime students aged twenty-two or less, disabled or blind adults or children related to the parent or legal guardian of the eligible student and relatives who are age sixty-five and who are claimed as a dependent for federal income tax purposes.

(H) "Financial aid" is a program (not administered by the state of Ohio) the purpose of which is to provide financial assistance to students attending nonpublic schools;

(I) "Parent" has the same meaning as in section 3313.98 of the Revised Code; and

(J) "Scholarship recipient" is a student who has been awarded, has accepted and has received an educational choice scholarship.

(K) "Tuition discounts" means those discounts offered by the private school provider such as a discount for multiple students, a parishioner, etc.

(L) "Attendance zone" means the geographical area, set by the public school district, to determine the particular school a student would attend in their district of residence.

Last updated June 16, 2023 at 8:58 AM

History

Effective: June 15, 2023
Promulgated Under: 119.03

Ohio Adm.Code 3301-69-02

(A) Regulations governing excuses from future school attendance:

(1) Pursuant to division (B) of section 3321.04 of the Revised Code, the superintendent of the local school district may excuse a child over fourteen years of age from attendance for a future limited period for the purpose of performing necessary work directly and exclusively for the child's parents or legal guardians or custodians.

(2) Acceptable reasons for an excuse from future attendance may include the following:

(a) The existence of an emergency condition at home such as absence, illness or death of the parent, legal guardian, or custodian of the child;

(b) Farm work of the parent, legal guardian, or custodian during a time of the year in which the amount of farm work to be performed may be regarded as properly exceptional; or

(c) Inability of the parent, legal guardian, or custodian to employ help in the family business. The determination of inability shall be made by the superintendent.

(3) Except for cases in which an excuse has already been approved by the superintendent, a child may not be granted the excuse described in paragraph (A)(1) of this rule if the child has not been in regular attendance at school during the current school year.

(4) Except for emergency situations in which there is insufficient time for a child to apply for an excuse from future attendance from school and for such a permit to be granted, no permit shall be issued for the excuse of a child from future attendance at school until proof is established to the satisfaction of the superintendent of the need for such absence. In cases of emergency, the parent, legal guardian, or custodian, as defined in section 2151.011 of the Revised Code, shall seek a permit as soon as possible.

(5) The excuse shall be limited to a period not to exceed thirty school hours and can be renewed for thirty additional hours. At no time, however, shall such excuses permit a child to be absent from school for a period of more than sixty consecutive hours. Renewals shall be granted at the discretion of the superintendent.

(6) Notwithstanding paragraph (A)(1) of this rule, no child shall be excused for any period of time when such absence would materially endanger the child's educational welfare or scholastic advancement. Such determination shall be made by the superintendent.

(7) The written request for the absence of a child for a future limited period of time and the reasons for such absence, as stated by the parent, legal guardian or custodian over their signature, shall be filed by the parent, legal guardian or custodian with the superintendent in the district from which the child is seeking to obtain an excuse from school. Requests for absence may be filed with the superintendent by the principal or teacher of the school or schools under the administration of such superintendent when requested by the parent, legal guardian or custodian. A copy of the excuse shall be sent to the person in charge of the child.

(8) The absence from school shall apply to only those hours specified by the superintendent. Such absence can begin only after the permit is granted in writing by the superintendent except in emergency situations in which there is insufficient time for a child to apply for an excuse from future attendance from school and for such a permit to be granted. In cases of emergency, the parent, legal guardian, or custodian shall seek a permit as quickly as possible.

(9) Notwithstanding paragraphs (A)(5) and (A)(6) of this rule, at the discretion of the superintendent, a child may be excused for a longer period of time than sixty school hours if a child's parent, legal guardian, or custodian has recently died or become totally or partially incapacitated and there is no older sibling living in the home who is out of school. In such cases, the superintendent may request a certificate of a physician attesting to the physical condition of the parent, legal guardian, or custodian.

(B) In this paragraph are additional conditions governing the issuance of excuses for absence from school:

For purposes of this paragraph, "approving authority" includes the person or office designated by the principal, superintendent, or local policy that in a given school reviews student absenteeism on a day-to-day basis and either approves or denies a child's reason for being absent from school.

(1) The parent, legal guardian, or custodian must provide an explanation for the absence, which shall be recorded by the approving authority of the school and shall include the date and time of the absence according to local policy. Emancipated youth and married children under the age of eighteen may provide the explanation for their absence from school to the approving authority;

(2) An excuse for absence from school may be approved on the basis of one or more of the following conditions:

(a) Illness of the child. The approving authority may require the written statement of a physician/mental health professional if it is deemed appropriate;

(b) Illness in the family necessitating the presence of the child. The approving authority may require the written statement of a physician and an explanation as to why the child's absence was necessary, if it is deemed appropriate;

(c) Quarantine in the home. The absence of a child from school under this condition is limited to the length of quarantine as determined by the proper health officials;

(d) Death of a relative. The absence arising from this condition is limited to a period of eighteen school hours unless a reasonable cause may be shown by the applicant child for a longer absence;

(e) Medical, behavioral or dental appointment. The approving authority may require the written statement of a physician, mental health professional, or dentist if it is deemed appropriate;

(f) Observance of religious holidays. A child shall be excused if the child's absence is pursuant to section 3320.04 of the Revised Code;

(g) Post-secondary visitation. The approving authority may require verification of the date and time of the visitation by the post-secondary institution. The approving authority may mark a student as "present" if the local school board of education has adopted a policy that reasonably accommodates such visitations and does not exceed three days each school year;

(h) Pre-enlistment reporting to military enlistment processing station. The approving authority may require verification of the date and time of the reporting. The approving authority may also mark a student as "present" if the absence is used to help fulfill graduation requirements;

(i) Absences due to a child's placement in foster care or change in foster care placement or any court proceedings related to the child's foster care status;

(j) Absences due to a child being homeless;

(k) Children of military families. Absences due to deployment activities of a parent, legal guardian, or custodian consistent with section 3301.60 of the Revised Code;

(l) Emergency or other set of circumstances in which the judgment of the superintendent of schools constitutes a good and sufficient cause for absence from school; or

(m) Any additional reason stated in a policy adopted by the local school board of education.

Last updated March 24, 2025 at 7:59 AM

History

Effective: March 23, 2025
Promulgated Under: 119.03

Ohio Adm.Code 3301-11-03 List of designated buildings used in eligibility determination; assignment areas.

(A) No later than November fifteenth of each year, the department shall publish a list of school buildings that fulfill any of the criteria described in division (A), (B), or (C), of section 3310.03 of the Revised Code specifying any school building that is not accepting students during the school year following the school year in which the list is issued. The department shall remove from the list any school building that has ceased operations or fulfills the criteria described in division (E) of section 3301.03 of the Revised Code.

(B) Not later than January first of each year, the superintendent of each school district within which each of the school buildings listed pursuant to paragraph (A) of this rule is located, or the superintendent's designee, shall specify one of the following for each school building:

(1) That the attendance zone of the school building for the current school year is the entire school district;

(2) That the school building has no attendance zone; or

(3) A detailed description of the attendance zone of the building including the street names and address number ranges of residences from which students living at such residences would be assigned to attend the building.

In the case of a building with no attendance zone, the superintendent shall provide any district assignment policies or procedures that would lead to students being assigned to the building.

The superintendent, or the superintendent's designee, shall also indicate whether any attendance zone changes have been adopted that will impact the attendance zone of those schools listed pursuant to paragraph (A) of this rule during the current school year or in the year following the current school year.

(C) The department may determine a student as eligible if a district superintendent or their designee fails to provide the required attendance zone information by the established deadline.

Last updated June 16, 2023 at 8:58 AM

History

Effective: June 15, 2023
Promulgated Under: 119.03

Ohio Adm.Code 3301-11-04 Eligibility for program participation.

The department shall not award a scholarship under section 3310.02 or 3310.032 of the Revised Code until first determining eligibility for available scholarship programs in the following order:

(A) The pilot project scholarship program established in section 3313.975 of the Revised Code;

(B) The educational choice scholarship program established in section 3310.02 of the Revised Code; and

Last updated June 16, 2023 at 8:58 AM

History

Effective: June 15, 2023
Promulgated Under: 119.03

Ohio Adm.Code 3301-11-05 Application for program participation.

(A) Not later than thirty days prior to the beginning of the application period, the department will publish all application materials and guidance for the upcoming fiscal year and provide training to all approved providers regarding updates and changes to the program prior to the opening of the application period.

(B) An applicant seeking a scholarship for a student who is not a scholarship participant in the year in which the application is being submitted shall submit an application to the department in the manner established and posted by the department on its website (www.education.ohio.gov) and provide the information specified by the department that is necessary to determine eligibility and award scholarships. Such information may include, the following:

(1) Information and documentation required by the department necessary to identify the student, including , the student's first name, middle initial, last name, and date of birth;

(2) Information and documentation required to identify and contact the student's parents or guardians;

(3) Information and documentation required to determine program eligibility including, but not limited to the student's residential address, district of residence, school in which the student is enrolled, the school to which a community school student would have been assigned at the time of application, or to which a kindergartener would be assigned in the school year for which the scholarship is being sought, and grade level;

(4) Information and documentation related to the chartered nonpublic school in which the student has been accepted for enrollment;

(5) Information and documentation related to the determination of the correct scholarship amount, including, but not limited to the names of other students in the same household attending or planning to attend the same chartered nonpublic school; or

(6) An indication, if applicable, that the student's family income is at or below two hundred percent of the federal poverty guidelines, as defined in section 5101.46 of the Revised Code;

(C) A scholarship recipient seeking to continue to receive a scholarship in the year subsequent to a year in which a scholarship was received may be required to submit an application to the department in the manner established by the department and provide the information and documentation that the department has determined necessary for the effective implementation of the program. Such information may include those items specified in paragraph (B) of this rule. Scholarships for students for whom eligibility has not been terminated pursuant to rule 3301-11-09 of the Administrative Code may be renewed until the student has completed grade twelve.

(D) If any scholarship application includes an indication that the student's family income is at or below two hundred per cent of the federal poverty guidelines, the applicant shall also be required to provide such documentation as specified by the department to verify the income of any and all members of the student's household. Such documentation shall be specified by the department and may include, but not be limited to, copies of federal tax return or transcript, W-2 forms, letters of employment separation or termination, and the final paystub, and statements of unemployment benefits, workers compensation benefits, child support benefits, pension or retirement benefits received. Additionally, the applicant may voluntarily provide identification information, including the social security numbers of the members of the student's household, to facilitate procedures for the verification of income. The application process and forms shall clearly indicate that the provision of social security numbers is strictly optional to the applicant, and that procedures are in place to ensure the confidentiality of the information.

(E) In submitting an application for a scholarship, the applicant shall agree to the following:

(1) That the information provided on the application is true and correct;

(2) For students with family income above two hundred percent of the federal poverty guidelines, that if a scholarship is received, and the scholarship amount is less than the tuition of the chartered nonpublic school, payment of the difference is the responsibility of the applicant, and the applicant may have the opportunity to provide services in-kind in accordance with division (B) of section 3310.13 of the Revised Code;

(3) That the chartered nonpublic school and the department will be informed of changes in family income that would impact whether or not the student is at or below two hundred percent of the federal poverty guidelines annually with submission of the application;

(4) That the chartered nonpublic school and the department will be informed within two weeks of any change in the student's residential address;

(5) That the student will not be eligible to receive scholarships in subsequent years if a student who qualifies for scholarship under division (A) of section 3310.03 of the Revised Code moves outside the current district of residence unless the student transfers to a new resident district and otherwise would be assigned to a designated building in the new resident district; fails to take each state test prescribed for the student's grade level under section 3301.0710 or 3301.0712 of the Revised Code; or is absent from school for more than twenty days, not including documented excused absences;

(6) That only one application per chartered nonpublic school per scholarship program for the student has been submitted;

(7) That the applicant has received and understands the policy handbook of the chartered nonpublic school and will abide by its provisions;

(8) That the applicant agrees to abide by the dispute resolution process outlined in rule 3301-11-14 of the Administrative Code;

(9) That the scholarship amount will only be applied to the tuition of the enrolling school and that the parent or guardian may be required to pay other fees and costs as prescribed by the policies of the school;

(10) That the applicant will apply for any and all financial aid or tuition discounts and adjustments made regularly available to the students attending the chartered nonpublic school in which the student is accepted for enrollment;

(11) That the applicant understands that any optional information as specified in paragraph (D) of this rule provided by the applicant is being provided voluntarily; and

(12) Any other representations prescribed by the department determined to be necessary to ensure the effective implementation of the program and compliance with Chapter 3310. of the Revised Code.

(F) Application for program participation shall be made on forms or through electronic means as prescribed by the department. Applicants may designate, in writing, another entity to submit the application on behalf of the applicant. Such designation may be made only to entities approved pursuant to rule 3301-11-12 of the Administrative Code.

Last updated June 16, 2023 at 8:59 AM

History

Effective: June 15, 2023
Promulgated Under: 119.03

Ohio Adm.Code 3301-11-09

(A) Eligibility to continue to receive a scholarship in the school year in which it is being received shall be terminated if any of the following occur:

(1) It is determined that the application made for the program contained false information that, had it been correct, would have caused the scholarship recipient to be ineligible for the program; or

(2) The scholarship recipient is withdrawn from, or is expelled from, the chartered nonpublic school in which the student is enrolled, and fails within thirty calendar days to enroll in another school listed pursuant to rule 3301-11-11 of the Administrative Code.

(B) Eligibility to receive scholarships in subsequent school years and submit an application for continuing eligibility pursuant to paragraph (B) of rule 3301-11-05 of the Administrative Code shall cease if the scholarship recipient fails to comply with the provisions of paragraphs (C)(1) to (C)(3) of rule 3301-11-04 of the Administrative Code.

(C) Eligibility to receive scholarships in subsequent school years shall not be terminated because a student failed to take a state test prescribed for the student's grade level if a determination is made by the department that the chartered nonpublic school in which the student was enrolled failed to meet its obligation to administer the test.

(D) The applicant and the chartered nonpublic school in which the student is enrolled shall be notified by mail of termination of eligibility. Such notification shall include the effective date of the termination.

Last updated May 23, 2023 at 11:13 AM

History

Effective: February 24, 2006
Promulgated Under: 119.03

Ohio Adm.Code 3301-11-14

If, at any time, a dispute arises regarding the eligibility of a student to participate in the scholarship program or any other aspect of the operation of the program, the department shall be the final authority in the resolution of the dispute.

(A) A complaint shall be sent, in writing, by the aggrieved party to the department. Attached to the complaint shall be any documentation supporting the position of the aggrieved party.

(B) The department shall acknowledge receipt of the complaint within three business days, review the documents and make a determination of eligibility within forty-five days of receiving the complaint.

(C) Should the aggrieved party disagree with the determination, they may request a meeting with the department's designee to review the determination. The requested meeting will take place within fourteen days of the receipt of the request.

(D) Final determinations will be made and communicated to the school within fourteen days of the review meeting.

Last updated June 16, 2023 at 9:00 AM

History

Effective: June 15, 2023
Promulgated Under: 119.03

Ohio Adm.Code 3301-11-12

Chartered nonpublic schools listed pursuant to rule 3301-11-11 of the Administrative Code shall be authorized to file applications and the required documentation on behalf of applicants if so designated in writing by the applicant. The department may establish procedures that allow an applicant to designate other entities to file an application on the applicant's behalf. In no case shall any financial charge be made to the applicant for application assistance.

Last updated June 16, 2023 at 9:00 AM

History

Effective: June 15, 2023
Promulgated Under: 119.03

Ohio Adm.Code 3301-11-07 Awarding scholarships.

(A) The applicant shall be notified of a scholarship award via mail within thirty days of award determination.

(B) If an eligible student who is awarded a scholarship subsequently decides the scholarship will not be utilized, the applicant shall notify the department of his or her election to decline the scholarship within sixty days of the decision.

(C) Any eligible student who has not been awarded a scholarship shall be placed on a waiting list maintained by the department. Scholarships shall be awarded to eligible students on the waiting list as they are declined by other applicants in a manner consistent with section 3310.02 or 3310.032 of the Revised Code, as applicable, until such date as may be established by the department.

Last updated June 16, 2023 at 8:59 AM

History

Effective: June 15, 2023
Promulgated Under: 119.03

Ohio Adm.Code 3301-11-08 Transfer of scholarship.

(A) Scholarships awarded pursuant to this program may be transferred to another chartered nonpublic school listed pursuant to rule 3301-11-11 of the Administrative Code. The applicant and the chartered nonpublic school accepting the transferred student shall notify the department in the manner prescribed by the department as required by rule 3301-11-05 of the Administrative Code. The applicant may designate in writing that the chartered nonpublic school enrolling the student notify the department on behalf of the applicant. Scholarships are not transferable to any other student.

(B) In the case where a child transfers during the course of the school year to another chartered nonpublic school, the department shall prorate the amounts paid to each school based on the period of attendance at each school relative to the minimum number of hours each school is open for instruction with pupils in attendance, as described in section 3313.48 of the Revised Code.

Last updated June 16, 2023 at 8:59 AM

History

Effective: June 15, 2023
Promulgated Under: 119.03

Ohio Adm.Code 3301-11-11

(A) Not later than January first of each year, the department shall publish a list of chartered nonpublic schools that have indicated their willingness to participate in the scholarship programs established in sections 3310.02 and 3310.032 of the Revised Code. The list of approved nonpublic schools will be updated monthly. In addition to the requirements in sections 3310.01 to 3310.17 of the Revised Code, schools appearing on the list shall be those that, by signature of the principal or other governing authority, have made the following representations:

(1) That the school holds a valid charter issued by the state board of education under section 3301.16 of the Revised Code, and that the school is currently in compliance with state operating standards that apply to chartered nonpublic schools as specified in Chapter 3301-35 of the Administrative Code;

(2) That the school will annually communicate to the department the tuition structure for the school including all discounts and other tuition adjustments offered or available;

(3) That the school will make its facilities and the records pertinent to the effective implementation of this chapter available at any time during regular business hours for announced or unannounced visits by department personnel responsible for ensuring compliance with this chapter, or by persons under contract with the department to perform compliance reviews;

(4) That the school has in place sufficient student attendance recordkeeping procedures, including processes for documentation of excused absences;

(5) That the school has in place systems to ensure the confidential nature of student records;

(6) That the school will promptly refund to the state any amounts overpaid on behalf of a student due to ineligibility, disenrollment, expulsion, data error, or for any other reason;

(7) That the school will abide by its admission policy fairly and without discrimination with regard to students applying for or having been awarded scholarships pursuant to this chapter;

(8) That the school will disenroll any scholarship student as soon as a determination is made that the student will no longer attend the school. Disenrollment shall be recorded as the last date that the student attended classes;

(9) That the school will allow the department to monitor compliance with the provisions of this rule and of other laws and rules as they apply to chartered nonpublic schools and shall provide at the request of the department such information and copies of records as may be necessary to ensure such compliance, including:

(a) Information and records related to school staff and volunteers including but not limited to license or certificate numbers, and background check results;

(b) Information and records related to school policies and procedures including but not limited to the parent or student handbook, admissions policies, and withdrawal and transfer policies; and

(c) Information and records related to building, vehicle and operational safety including but not limited to fire inspection reports, food service licenses and vehicle inspection reports.

(B) Any chartered nonpublic school that does not fulfill its obligations under Chapter 3301-11 of the Administrative Code may be disallowed from participation in the program for a period of time to be specified by the department, or until such time as the school can provide assurances satisfactory to the department that it shall fulfill its obligations.

Last updated June 16, 2023 at 8:59 AM

History

Effective: June 15, 2023
Promulgated Under: 119.03

Ohio Adm.Code 3301-11-10 Payment of scholarship amounts.

(A) Payment of scholarship amounts shall be made by warrant of the auditor of state or other method authorized in the Revised Code made payable in the name of the parent, legal guardian, custodian of the student, or if the student is at least eighteen years of age in the name of the student, and the chartered nonpublic school in which the student is enrolled. Warrants shall be mailed to the address provided by the chartered nonpublic school.

(B) The actual amount of each scholarship is made in accordance with section 3317.022 of the Revised Code. In cases where discounts are offered for multiple students from the same family, and not all students in the same family are scholarship recipients, the scholarship amount shall be the lowest tuition to which the family is entitled.

(C) In the case where a child transfers during the course of the school year to another chartered nonpublic school with a different tuition, the department will adjust payments in accordance with section 3317.022 of the Revised Code.

(D) In the case where overpayments are made on behalf of a participating student, the department shall inform the chartered nonpublic school of the amount of the overpayment, and the chartered nonpublic school shall refund the amount to the department. The amount of the refund shall be calculated based on the period of attendance at the chartered nonpublic school relative to the minimum number of hours the school is open for instruction with pupils in attendance, as described in section 3313.48 of the Revised Code.

(E) In the case where a student withdraws or is expelled from the chartered nonpublic school, or where a student's eligibility to continue to receive a scholarship is terminated pursuant to paragraph (A) of rule 3301-11-09 of the Administrative Code, payment of the scholarship amount will be prorated based on the number of days the student was enrolled at the chartered nonpublic school relative to the minimum number of hours the school is open for instruction with pupils in attendance, as described in section 3313.48 of the Revised Code. Funded enrollment would end as of the last day of the student's attendance, or the effective date of the student's termination, whichever is earlier.

(F) In the case where a scholarship is awarded post the provider's start date, the scholarship is prorated from the scholarship award date through the end of the school year. The parent is financially responsible for all fees accrued with the provider prior to the scholarship award date. Once awarded, the actual amount of the scholarship will be prorated in accordance with this rule and section 3317.022 of the Revised Code.

Last updated June 16, 2023 at 8:59 AM

History

Effective: June 15, 2023
Promulgated Under: 119.03

Ohio Adm.Code 3301-11-15 Program administration.

Where not provided in Revised Code or rule, the department shall establish dates that constitute the deadlines for activities related to the implementation of this chapter no later than the first of January prior to the school year to which the deadlines pertain. The department shall also adopt such procedures necessary to implement this chapter including, but not be limited to:

(A) Procedures for handling incomplete applications;

(B) Procedures for performing income verification;

(D) Procedures for resolving questions of legal guardianship;

(E) Procedures for improving program administration and client satisfaction through surveys and other processes; and

(F) Procedures for reissuance of lost or damaged warrants.

Last updated June 16, 2023 at 9:00 AM

History

Effective: June 15, 2023
Promulgated Under: 119.03

Chapter 3301-13 Proficiency Tests

Ohio Adm.Code 3301-13-01 Definitions.

Except as otherwise specified, the definitions contained in rule 3301-7-01 of the Administrative Code and the following definitions apply to this chapter.

(A) "Alternate assessment" means an assessment aligned to alternate learning standards for students with the most significant cognitive disabilities that complies with all applicable federal and state laws and rule 3301-13-03 of the Administrative Code.

(B) "Alternative assessment" means an assessment that is comparable to the state tests in terms of alignment to Ohio's learning standards and proficiency levels.

(C) "Appeal" means a request for a verification or rescoring of a student's responses to the state tests as applicable in accordance with rule 3301-13-06 of the Administrative Code.

(D) "Breach form" means an equivalent or parallel form of a test provided by the department that may be used in lieu of the test in limited situations and within a limited time frame.

(E) "Commercial test" means a test developed by a vendor and selected by the department for a state program but not owned, developed, or copyrighted by the department.

(F) "Department" means the department of education and workforce.

(G) "Diagnostic assessment" means a test adopted by the department in accordance with division (D) of section 3301.079 of the Revised Code that is aligned with Ohio's learning standards and model curriculum, designed to measure student comprehension of academic content and mastery of related skills for a relevant subject area at each grade level, kindergarten through three.

(H) "English learner" has the same meaning as "English learner" defined in 20 U.S.C. 7801 (2015).

(I) "Individualized education program" (IEP) means a written statement for a student with a disability that is developed, reviewed, revised, and implemented in accordance with rule 3301-51-07 of the Administrative Code.

(J) "Intervention" means alternative or supplemental instruction or services commensurate with both a student's test performance and classroom performance, provided to a student who failed to attain a proficient score on any state test, or failed to demonstrate academic performance at grade level based on the results of a state test, including any intensive prevention, intervention, or remediation prescribed under section 3301.0711, 3301.0715, 3313.608, or 3313.6012 of the Revised Code that is designed to help a student meet performance standards and is be based on individual student needs.

(K) "Kindergarten readiness assessment" means the developmentally appropriate test aligned with Ohio's early learning and development standards designed to measure a child's developmental readiness for engaging with kindergarten instruction.

(L) "Ohio English language proficiency assessment" means the test aligned with Ohio standards for English language proficiency designed to measure the acquisition of English by English learners in kindergarten through grade twelve.

(M) "Ohio English language proficiency screener" means the test aligned with Ohio standards for English language proficiency designed to identify students in grades kindergarten through twelve as English learners.

(N) "Ohio graduation tests" means the achievement tests prescribed in division (B) of section 3301.0710 of the Revised Code, designed to measure a student's level of academic achievement expected at the end of the tenth grade in writing, reading, mathematics, social studies, and science.

(O) "Ohio's state tests" means the grades three to eight English language arts, mathematics, and science tests, prescribed in division (A) of section 3301.0710 of the Revised Code, and the high school end-of-course examinations prescribed in division (B) of section 3301.0712 of the Revised Code.

(P) "Participating school" means any city, exempted village, local cooperative education, or joint vocational school district; any community or chartered nonpublic school that participates in state tests; the state school for the blind; the state school for the deaf; any school operated by the departments of youth services or rehabilitation and corrections; or any entity that participates in the state tests.

(Q) "Performance standard" means a score designated by the department indicative of a particular level of academic achievement at a designated grade for each state test.

(R) "Section 504 plan" means a written statement for a student who has been identified as having a disability based on an evaluation conducted in accordance with section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794 (December 10, 2015).

(S) "Section 504 student" means a student identified as having a disability based on an evaluation conducted in accordance with section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794 (December 10, 2015).

(T) "State test" means any test that is provided by the department for use in all participating schools in the state including the grades three to eight English language arts, mathematics, and science tests; high school end-of-course examinations; Ohio graduation tests; diagnostic tests; alternate assessments; Ohio English language proficiency assessment; Ohio English language proficiency screener; or the kindergarten readiness assessment.

(U) "Student with a disability" refers either to a student receiving special education services under Chapter 3323. of the Revised Code in accordance with an individualized education program (IEP) developed pursuant to section 3323.011 of the Revised Code, or to a student who has been identified as having a disability based on an evaluation conducted in accordance with section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794 (December 10, 2015).

(V) "Summer test administration period" means the test administration period designated by the director of education and workforce during which the third grade English language arts assessment prescribed under division (A) of section 3301.0710 of the Revised Code may be administered to an individual who has not yet attained at least the equivalent level of achievement designated under division (A)(3) of section 3301.0710 of the Revised Code and any test prescribed for high school graduation under section 3301.0710 or 3301.0712 of the Revised Code may be administered to any individual who has not yet met all the conditions prescribed in order to qualify for a high school diploma.

(W) "Test administration period" means the dates specified by the director of education and workforce for the administration of any state test in accordance with rule 3301-13-02 of the Administrative Code.

(X) "Test materials" means materials that are considered part of a test, including, but not limited to, oral or written directions, test booklets, test questions, answer documents, reading passages, writing prompts or styles, charts, graphs, maps, and tables, whether in digital or physical form, and does not include materials that are considered part of a commercial test.

Last updated May 14, 2024 at 8:38 AM

History

Effective: May 12, 2024
Promulgated Under: 119.03

Ohio Adm.Code 3301-7-01