Ohio Administrative Code › Title 3301 - Department of Education - Administration and Director › Chapter 3301-103 - Autism Scholarship Program › Section 3301-103-06 - Application and participation of providers

Current through all regulations passed and filed through July 1, 2024
(A)
								 The Ohio department of education shall
			 register any private provider that meets the following requirements:
(1) A private provider makes application to
			 the Ohio department of education in accordance with rules of the state board of
			 education and guidelines established by the Ohio department of education and
			 that application is approved.
(2)
			 The private provider indicates, by signing the provider affidavit, its
			 commitment to follow all requirements for a private provider specified in rules
			 3301-103-01 to
			 3301-103-07 of the
			 Administrative Code, including but not limited to, the requirements for
			 accepting qualified special education children pursuant to rule
			 3301-103-03 of the
			 Administrative Code. The provider affidavit shall also include the assurance
			 that the provider is in compliance with all laws that are applicable.
(3) The private provider meets the minimum
			 standards of the applicable professional organization for individual or
			 non-school providers. The private provider holds, and any employees hold, and
			 any volunteers hold, appropriate credentials from the state board of education
			 or appropriate credentials from a national or state board for their specific
			 professions, and these credentials are related to the individualized education
			 program (IEP) services they will be providing. If the private provider
			 contracts with another provider who will be providing special education and
			 related services to children in the autism scholarship program, the contracted
			 provider and any subcontractors and employees or volunteers of both the
			 contracted and subcontracted providers shall also hold appropriate credentials
			 from the Ohio department of education or credentials from a national or state
			 board for their specific professions.
(a) If
			 any of the parties referenced in paragraph (A)(3) of this rule held credentials
			 that are currently revoked by the Ohio department of education, that party
			 cannot be a registered private provider, even though the party may hold
			 credentials from a national or state board for his or her specific
			 profession.
(b) If any of the
			 parties referenced in paragraph (A)(3) of this rule holds appropriate
			 credentials from a department of education of a state other than the state of
			 Ohio, those credentials will be recognized as appropriate credentials under
			 paragraph (A)(3) of this rule unless that party held credentials that are
			 currently revoked by the Ohio department of education or by the department of
			 education of another state.
(c) In
			 addition to the listed providers of intervention services outlined in division
			 (E) of section 3310.41 of the Revised Code,
			 intervention services under the autism scholarship program may also be provided
			 by an intervention specialist licensed by the state board.
(4) The private provider is physically
			 located within the boundaries of the state of Ohio, and children served by the
			 private provider shall be served within the state of Ohio.
(5) The private provider is in compliance
			 with sections 3319.39,
			 3319.391, and
			 3313.392 of the Revised Code
			 regarding background checks as if it were a school district for any staff
			 licensed by the Ohio department of education. For all other staff the private
			 provider has on file, prior to providing any special education and related
			 services to children participating in the autism scholarship program, a current
			 criminal records check from the superintendent of the Ohio bureau of criminal
			 identification and investigation pursuant to rule
			 109:5-1-01 of the
			 Administrative Code.  Each owner, employee, contractor, and volunteer of a
			 private provider shall have on file a criminal records check that is not more
			 than one year old on the date that the person becomes an owner, employee,
			 contractor, or volunteer of the private provider. Thereafter, each owner,
			 employee, contractor, or volunteer of a private provider shall undergo a
			 criminal records check at least every five years from the date of the last
			 criminal records check. A criminal records check is current if it meets the
			 timeframes specified in this paragraph.
For purposes of paragraph (A)(5) of this rule, contractor
				includes any person who is under contract with a private provider and whose
				work involves routine interaction with a child in the autism scholarship
				program or regular responsibility for the care, custody, or control of a child
				in the autism scholarship program. For purposes of paragraph (A)(5) of this
				rule, volunteer includes any person whose activities involve unsupervised
				access to a child. "Unsupervised access" to a child has the same meaning as in
				section 109.574 of the Revised
				Code.
The current criminal records check shall not indicate that any
				owner, employee, contractor, or volunteer of the private provider has been
				convicted of or pleaded guilty to a violation of any of the sections of law
				described in division (B)(1) of section
				3319.39 of the Revised
				Code.
An owner, employee, contractor, or volunteer of a private
				provider who holds a license consistent with the meaning of license in division
				(A) of section 3319.31 of the Revised Code
				shall also meet all applicable requirements for criminal records checks that
				apply to a holder of that license. An owner, employee, contractor, or volunteer
				of a private provider who holds a license or certificate under another section
				of law shall also meet any requirements for criminal records checks that apply
				to a holder of that license or certificate. An owner, employee, contractor, or
				volunteer of a private provider who is a driver of a school bus or motor van
				consistent with the meaning of a driver of a school bus or motor van under
				section 3327.10 of the Revised Code
				shall also meet all applicable requirements for criminal records checks under
				section 3327.10 of the Revised
				Code.
As part of the initial application for registration and
				subsequent annual reapplications for registration, a private provider shall
				submit to the Ohio department of education an affidavit assuring the Ohio
				department of education that a current criminal records check, as described
				above, is on file for all owners, employees, contractors, and volunteers of the
				private provider and assuring the department that the current criminal records
				checks do not show that any owner, employee, contractor, or volunteer of the
				provider has been convicted of or pleaded guilty to a violation of any of the
				sections of law described in division (B)(1) of section
				3319.39 of the Revised
				Code.
(6)
									Nondiscrimination policies
The affidavit referenced above also
				shall assure the department that providers other than nonpublic schools
				chartered by the state of Ohio have a written policy addressing the private
				providers practices to ensure that said private provider does not discriminate
				on the basis of race, color, religion, sex, gender, national origin,
				disability, or age.
(7) The private provider demonstrates the
			 capacity to provide services under the autism scholarship program. A private
			 provider shall demonstrate its capacity to provide services under the autism
			 scholarship program by meeting the following requirements:
(a) Being in operation for at least one full
			 school year prior to enrolling children participating in the autism scholarship
			 program;
(b) Providing the
			 department of education with documentation that the private provider has
			 adequate liability and property and casualty insurance;
(c) Having no outstanding claims for recovery
			 from the auditor of state;
(d)
			 Providing the parent with a fee schedule and description of the special
			 education and related services that the private provider will be providing as
			 part of the autism scholarship program and making the fee schedule available to
			 the Ohio department of education;
(e) Verifying in a written statement filed
			 with the Ohio department of education that the owner has sufficient capital or
			 credit in order to operate during the upcoming school year to serve the number
			 of children accepted, taking into consideration expected revenues from fees
			 charged and from other sources; and
(f) Filing with the Ohio department of
			 education one of the following:
(i) a bond in
			 favor of the department for financial loss to the department caused by the
			 provider or one of the provider's employees related to the provider's
			 participation in the autism scholarship program for an amount equal to
			 one-twelfth of the scholarship funds received for that prior school year or ten
			 thousand dollars, whichever is greater, up to a cap of two hundred fifty
			 thousand dollars. The bond must be maintained in effect for at least one year
			 after the date on which the provider ceases to participate in the autism
			 scholarship program or until resolution of all outstanding claims
											and
			 be continuous. The bond shall, however, include a provision for cancellation,
			 subject to a notice period of thirty days with notice provided to the provider
			 and to the department. Regardless of the amount of claims made against the bond
			 and the number of periods the bond covers, the maximum liability under the bond
			 is the penal sum;
(ii) a letter of
			 credit for an amount equal to one-twelfth of the scholarship funds received for
			 the prior school year or ten thousand dollars, whichever is greater, up to a
			 cap of two hundred fifty thousand dollars. The letter of credit must be
			 maintained in effect for at least one year after the date on which the provider
			 ceases to participate in the autism scholarship program or until resolution of
			 all outstanding claims;
(iii) an
			 agreement that authorizes the department to offset any amounts due the
			 department under the autism scholarship program against monies that would
			 otherwise be distributed to that provider in accordance with section
			 3317.063 of the Revised Code and
			 Chapter 3301-40 of the Administrative Code during the provider's participation
			 in the program. The authorization must be maintained in effect for at least one
			 year after the date on which the provider ceases to participate in the autism
			 scholarship program or until resolution of all outstanding claims.
(8) The
			 private provider meets all applicable state and local health and safety
			 codes.
(9) The private provider
			 provides quarterly reports to the parent and to the child's school district of
			 residence
									including but not be limited to the following:
(a) The child's progress toward meeting the
			 annual goals stated on the child's current IEP,
			 including any modifications and how the child's progress is being
			 measured; and
(b) The extent to
			 which that progress is sufficient to enable the child to achieve the goals by
			 the end of the year.