Ohio Administrative Code › Title 3301 - Department of Education - Administration and Director › Chapter 3301-101 - Jon Peterson Special Needs Scholarship Program › Section 3301-101-09 - Participation by providers

Current through all regulations passed and filed through July 1, 2024
(A) Each
			 year, the department of education and workforce
								
								will
			 publish a list of registered private providers and alternative public providers
			 who are participating in the scholarship program.
(B) To participate in the program, a private
			 provider 
								will register with the department in accordance with
			 procedures established by the department. No private provider
			 
								will
			 enroll scholarship students or receive scholarship payments until the private
			 provider has registered with the department. To be eligible for registration, a
			 private provider 
								will be able to demonstrate the following:
(1) That it 
									will not
			 discriminate on the basis of race, color, or national origin, regardless of
			 whether the provider receives federal financial assistance;
(2) That it is in compliance with sections
			 3319.39,
			 3319.391, and
			 3319.392 of the Revised Code
			 regarding background checks as if it were a school district;
(3) That the teaching and nonteaching
			 professionals employed by the provider hold credentials that are appropriate
			 for the qualified special education children enrolled in the special education
			 program that it operates as determined by the department. The teaching and
			 nonteaching professionals directly providing special education and related
			 services to a scholarship recipient 
									will meet the minimum standards of the applicable
			 professional organization for individual or non-school providers. The private
			 provider and employees 
									will hold appropriate credentials from the state
			 board of education or from a national or state board for their specific
			 professions, and these credentials 
									will be applicable to the special education or
			 related services that the provider or employee will be providing. If the
			 private provider contracts with another provider who will be providing special
			 education and related services to children participating in the scholarship
			 program, the contracted provider and any subcontractors or employees of both
			 
									will
			 also hold appropriate credentials from the Ohio state board of education or credentials from a
			 national or state board for their specific profession;
(a) If any employee referenced in paragraph
			 (B)(3) of this rule holds credentials issued by the Ohio state board of
			 education that are either currently suspended or have been revoked in
			 accordance with Chapter 119. and section
			 3319.31 of the Revised Code,
			 that individual 
										will not be permitted to provide services to a
			 child receiving a scholarship, regardless of whether the individual holds
			 credentials from a national or state board for his or her specific
			 profession;
(b) If any employee
			 referenced in paragraph (B)(3) of this rule holds appropriate credentials
			 issued by a state other than Ohio, those credentials shallwill be recognized as appropriate credentials under
			 paragraph (B)(3) of this rule unless that party holds credentials issued by the
			 Ohio board of education that are either currently suspended or have been
			 revoked in accordance with Chapter 119. and section
			 3319.31 of the Revised
			 Code;
(c) If a provider uses
			 volunteers to assist in providing special education and related services to a
			 scholarship recipient, those volunteers 
										will be
			 supervised by a person meeting the requirements in paragraph (B)(3) of this
			 rule.
(4) That
			  its educational
			 program 
									complies with program
			 standards prescribed by the department and located on the department's
			 website;
(5) That it meets
			  all applicable health and safety
			 
									codes;
(6) That it agrees to provide a record of
			 
									compliance with the IEP and a record of the
			 student's progress to the school district who wrote the IEP, in the form and
			 manner prescribed by the department, and to cooperate with the district during
			 the process of revising IEPs for scholarship students;
(7) That it agrees to retain the
			 documentation and information 
									identified in rule
			 3301-101-04 of the
			 Administrative Code and any other documentation and information directly
			 related to the student's scholarship application for one year from the
			 submission of the application.
(8)
			 That it agrees to notify the eligible applicant in writing of its reasons for
			 declining to enroll the child receiving a scholarship.
(9) That it is physically located within the
			 boundaries of the state of Ohio, and all children served by the provider
			 
									will be
			 served within the state of Ohio, unless a registered private provider is
			 otherwise approved by the  department
			  to provide services in another
			 state to Ohio residents due to the provider's proximity to the child's school
			 or residence or if an out-of-state provider meets the
			 
									department's
									
									conditions to provide on-line services to Ohio
			 residents.
(10) The private
			 provider demonstrates fiscal soundness. A private provider
			 
									will
			 demonstrate fiscal soundness by meeting the following
			 
									conditions:
(a)
			 Providing the department  with
			 a written statement confirming that the private provider has adequate liability
			 and property and casualty insurance;
(b) Having no outstanding findings for
			 recovery from the auditor of state; and
(c) 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 Jon Peterson scholarship program and
			 making the fee schedule available to the  department ;