Ohio Admin. Code 3301-35-09 - Chartered nonpublic schools
(A)
A new chartered
nonpublic school may be established and operated for a specified period in
accordance with sections
3301.16
and
3313.48
of the Revised Code, Chapter 3301-39 of the Administrative Code, and the
following procedures, provided the school has at least three grade levels or
fifteen students:
(1)
The principal or superintendent of the school contacts
the Ohio department of education about beginning a school and participates in
the "beginning a chartered nonpublic school" training conducted by the
department;
(2)
The department provides these operating standards and
procedures for beginning a school;
(3)
The principal or
superintendent submits to the department a plan for meeting the operating
standards that includes:
(a)
Objectives related to the operating standards;
and
(b)
A timeline for meeting the operating standards and the
procedures in rule
3301-39-03 of the
Administrative Code; and
(4)
The state
superintendent of public instruction may recommend that the state board of
education grant a charter when a site visit indicates that a school is meeting
operating standards and the procedures in rule
3301-39-03 of the
Administrative Code.
(B)
A school shall
report a change in location, ownership, or name; a merger; or the addition of
an annex location of any school to the department no later than five business
days after the change or addition has occurred. These types of changes or
additions render the existing charter null and void. Upon notice of the change
or addition and if the school complies with all requirements, the department
shall issue a new charter to the school that incorporates the change or
addition.
(C)
A change in grade levels shall be reported to the
department at least thirty days prior to the start of the school year in which
the school intends to implement the change in grade levels, and, if a school
intends to serve additional grades, the information described in paragraph
(A)(3) of this rule.
(D)
Notwithstanding paragraphs (B) and (C) of this rule,
the closing of a location shall be reported to the department at least thirty
days prior to the closing of the school.
(E)
The department
may require a school to submit a corrective action plan if the school fails to
notify the department of changes in accordance with this rule or if the school
fails to comply with the requirements in this rule. If the school fails to
submit a corrective action plan that fully addresses the issues identified by
the department or fails to comply with the requirements in this rule, the
department may act to revoke the school's charter in accordance with rule
3301-39-04
of the Administrative Code.
(F)
A nonpublic
school chartered by the state board of education shall assure that its students
are provided a general education of high quality by either:
(1)
Being accredited
by an association whose standards have been reviewed by the state
superintendent's advisory committee on chartered nonpublic schools and approved
by the state board of education; or
(2)
Showing
compliance with rules
3301-35-01
to
3301-35-07
of the Administrative Code except that:
(a)
Notwithstanding
paragraph (A) of rule
3301-35-05
of the Administrative Code, chartered nonpublic schools may consider religious
affiliation in hiring and employment decisions to the extent permitted by
law;
(b)
Paragraphs (A)(2) and (A)(3) of rule
3301-35-05
of the Administrative Code regarding student-teacher ratios and educational
service personnel does not apply;
(c)
Paragraph (D)(2)
of rule
3301-35-04
of the Administrative Code regarding a requirement to offer credit flexibility
does not apply;
(d)
Paragraph (B) of rule
3301-35-06
of the Administrative Code regarding stakeholder partnerships does not apply,
except for the requirement that chartered nonpublic schools work with their key
stakeholders;
(e)
Paragraph (C)(3) of rule
3301-35-06
of the Administrative Code regarding a requirement to communicate information
and procedures related to credit flexibility and educational options does not
apply; and
(f)
Notwithstanding paragraph (F)(2) of rule
3301-35-07
of the Administrative Code regarding site visit, chartered nonpublic schools
are not required to hold a public meeting to discuss a report of the results of
the site visit or to notify their parents and stakeholders of such a meeting.
Chartered nonpublic schools shall notify their parents and stakeholders of the
report issued by the department of education and make the report available to
them.
(G)
A chartered
nonpublic school that does not meet the requirements set forth in paragraph (F)
of this rule is subject to the provisions of paragraphs (H) and (I) of rule
3301-35-07
of the Administrative Code.
(H)
The
superintendent of public instruction shall establish an advisory committee on
chartered nonpublic schools to make recommendations to the state board of
education concerning development and administration of regulations for
chartered nonpublic schools. Committee membership shall represent chartered
nonpublic school constituency groups including the "Association of Christian
Schools International"; the "Catholic Conference of Ohio"; the "Government
Affairs Committee of Ohio Jewish Communities, Inc."; the "Lutheran Schools of
Ohio"; the "Ohio Association of Independent Schools"; the "Seventh Day
Adventist Schools, Ohio Conference"; and any other chartered nonpublic
constituency approved by the existing advisory committee. Each group will have
representation on the committee, and these groups will constitute no less than
two-thirds of the committee's membership.
Replaces: 3301-35-09; 3301-35-10
Notes
Promulgated Under: 119.03
Statutory Authority: 3301.07
Rule Amplifies: 3301.07, 3301.16, 3302.01, 3302.04, 3313.48, 3313.536, 3313.65, 3317.06, 3317.063, 3327.01
Prior Effective Dates: 06/24/1999, 02/24/2006, 04/24/2015
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