Ohio Admin. Code 3301-39-04 - Oversight/revocation of charter
(A)
A nonpublic
school issued a charter by the state board of education shall be subject to
monitoring and oversight by the department, including periodic reviews through
site-visit, desk audit, investigations of complaints and other means to
determine if the nonpublic school is in compliance with rule
3301-35-09 of the Administrative
Code and other applicable Ohio laws and rules. In fulfilling its obligation to
provide monitoring and oversight, the department shall consider evidence
provided by an accrediting association if the school is 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 pursuant to paragraph (A)(1) of rule 3301-35-09 of the
Administrative Code.
(B)
If a nonpublic school leaves an accrediting association
through which a chartered nonpublic school has received its charter in
accordance with rule
3301-35-09 of the Administrative
Code, the nonpublic school is required to notify the department within thirty
days and provide evidence that they are continuing to meet the requirements of
rule 3301-35-09 of the Administrative
Code.
(C)
Should any dispute or complaint arise regarding a
school's compliance with rule
3301-35-09 of the Administrative
Code or other applicable Ohio laws and rules, the department is the final
authority in the resolution of the dispute or complaint.
(1)
The department
will review all complaints, including any evidence supporting the position of
the complainant, sent in writing by the aggrieved party to the office of
nonpublic education options. Prior to making a determination, the department
will do the following:
(a)
Notify the school's governing
authority;
(b)
Consider any evidence from the accrediting organization
and/or the governing authority of the school;
(c)
Review all
available evidence and make a final determination.
(2)
The department
may permit the nonpublic school to satisfactorily complete a corrective action
in lieu revocation under rule
3301-35-04 of the Administrative
Code.
(D)
If a chartered nonpublic school ceases K-12 operations,
it shall notify the department within thirty days and may request a one year
suspension of its charter with the intention of re-opening within twelve
months. If the school does not resume K-12 operations within one year of being
issued the suspension of charter, the chartered nonpublic school is to notify
the department that K-12 operations have permanently ceased under that
charter.
(E)
If a determination is made by the department that a
nonpublic school is not in compliance with rule
3301-35-09 of the Administrative
Code or other applicable Ohio laws and rules and the nonpublic school does not
fully address all compliance issues within the time period specified in a
corrective active plan established by the department, the department will
notify the chartered nonpublic school of its intent to recommend to the state
board of education that its charter be revoked, and of the nonpublic school's
right to a hearing pursuant to Chapter 119. of the Revised
Code.
(F)
Upon conclusion of the hearing and consideration of a
designated hearing officer's report and recommendation, the state board may
approve or deny the recommendation of the department and revoke the charter of
the nonpublic school.
Replaces: 3301-39-04
Notes
Promulgated Under: 119.03
Statutory Authority: 3301.07(D)(2) and (M)
Rule Amplifies: 3301.07(D)(2), 3317.024, 3317.06, 3327.01
Prior Effective Dates: 04/27/2017
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