Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-9 - Use of Force; Institutional Rules › Section 5120-9-45 - Temporary exclusion from educational requirement

Current through all regulations passed and filed through July 1, 2024
(A) Except as provided by this rule, all
			 inmates who have not obtained a high school diploma or equivalency shall take
			 courses leading toward an Ohio certificate of high school equivalence, an Ohio
			 high school diploma pursuant to section
			 3313.61 of the Revised Code, or
			 courses that provide vocational training.
(B) The department may exclude certain
			 inmates from the requirement to take courses as described in paragraph (A) of
			 this rule for clearly established medical, mental health or security reasons
			 pursuant to section 5145.06 of the Revised Code.
			 Such exclusion from the mandatory requirement shall be temporary in nature,
			 based on the criteria established by this rule, and pursuant to the procedure
			 established in this rule.
(C) The
			 
								managing
			 officer of each correctional facility shall establish an education
			 exclusion review committee. The committee shall be comprised of the health care
			 administrator of the facility, the mental health administrator or mental health
			 manager of the facility, and the principal or assistant principal of the
			 facility. The managing officer may designate other competent and
			 credentialed staff persons to the committee in place of the named positions.
			 The committee shall meet when necessary to review applications for exclusion at
			 the direction of the 
								managing officer, but shall meet no less than
			 once every six months. The 
								managing officer may designate a staff person to
			 assist the committee, and to ensure its adherence to time frames as described
			 in this rule. Staff members are entitled to no additional compensation for
			 service on this committee.
(D) Any
			 correctional facility staff member or inmate may submit a request for an
			 exclusion from the requirement to take courses. The request for exclusion shall
			 be submitted on a form designated for that purpose. The request for exclusion
			 shall be directed to the ,
			 managing officer, who shall refer it to the
			 committee.
(E) Any request for
			 exclusion from the requirement to take courses shall describe what condition or
			 circumstance supports the exclusion of the particular inmate from the
			 requirement to take courses. The criteria for exclusion from the requirement to
			 take courses are as follows:
(1) Medical. A
			 request for exclusion based on medical reasons shall be accompanied by a
			 written statement from the institutional physician that the inmate, based on a
			 diagnosed medical condition, is incapable of meaningful participation in an
			 educational class or vocational training environment.
(2) Mental health. A request for exclusion
			 based on mental health reasons shall be accompanied by a written statement from
			 the institutional mental health administrator or mental health manager that the
			 inmate, based on a diagnosed mental health condition, is incapable of
			 meaningful participation in an educational class or vocational training
			 environment.
(3) Security. Inmates
			 in restrictive housing
									, who are on death row, or have a security level of
			 E,
			 are excluded from the educational requirement for security reasons. However,
			 upon an inmate's written request, the inmate may have access to coursework as
			 described in paragraph (A) of this rule as appropriate for their security
			 status.
(4) Inmates admitted as
			 patients to 
									Franklin medical center or Frazier health center
			  are
			 excluded from the educational requirement, while in patient status. However,
			 upon an inmate's written request, the inmate may have access to coursework as
			 described in paragraph (A) of this rule as appropriate for their medical or
			 mental health status.