Ohio Admin. Code 3301-55-01 - Minimum standards for establishing special education programs in state developmental centers and hospitals of the department of developmental disabilities and the department of mental health and addiction services
(A)
Definitions. All terms used in this rule shall be
considered as defined in rules
3301-35-01
and
3301-51-01
of the Administrative Code.
(B)
Responsibilities
of the state developmental centers and hospitals. A state developmental center
or hospital shall provide a special education program for eligible children
appropriately placed in such programs pursuant to Chapter 3301-51 of the
Administrative Code, which sets forth the procedural safeguards for special
education programs.
(C)
Eligible children.
(1)
State
developmental centers operated by the department of developmental disabilities
shall provide programs to serve school-age children with disabilities who are
determined eligible under rule
3301-51-06 of the
Administrative Code; and state hospitals operated by the department of mental
health and addiction services shall provide programs to serve school-age
children who are determined eligible under rule
3301-51-06 of the
Administrative Code. State developmental centers operated by the department of
developmental disabilities may provide programs to serve preschool children who
are eligible for preschool special education services under rule 3301-51-11 of
the Administrative Code;
(2)
The program shall be offered to such children
who:
(a)
Are
admitted to a center or hospital under the department of developmental
disabilities or the department of mental health and addiction services;
and
(b)
Are eligible under Chapter 5119. or 5123. of the
Revised Code which relate to the department of mental health and addiction
services and the department of developmental disabilities,
respectively.
(3)
A child may be enrolled in the program if admitted to
the center or hospital on a day basis.
(D)
Special
educational program requirements.
(1)
All program personnel shall comply with the following
statutes and related rules:
(a)
Confidentiality and personal information systems in
section
3319.321 and
Chapter 1347. of the Revised Code, regarding safeguarding of student
records.
(b)
Scope of obligation in section
3321.04 of
the Revised Code, regarding student attendance and attendance
strategies.
(c)
Education of children with disabilities in Chapter
3323. of the Revised Code, education of children with
disabilities.
(d)
All applicable state and local health and safety
codes.
(e)
Section
3737.73
of the Revised Code, drills and rapid dismissals.
(f)
Chapter 3301-51
of the Administrative Code, Ohio operating standards for the education of
children with disabilities.
(E)
School district
of residence requirements.
(1)
The school district of residence of the child placed in
a special education program under this rule, shall ensure compliance with the
following:
(a)
A
free education to be provided; hours in a school year pursuant to section
3313.48
of the Revised Code.
(b)
Policy regarding suspension, expulsion, removal, and
permanent exclusion pursuant to section
3313.661
of the Revised Code, policy regarding suspension or expulsion specifies the
types of misconduct for which a pupil may be suspended, expelled, or removed,
except that if the section is inconsistent with the Individuals with
Disabilities Education Act (2006), then the Individuals with Disabilities
Education Act shall control.
(c)
Immunization of
pupils, immunization record, annual summary pursuant to section
3313.67
of the Revised Code, required immunizations.
(d)
Emergency Medical
Authorization pursuant to section
3313.712
of the Revised Code, emergency medical authorization.
(e)
Purpose and
definitions pursuant to rule
3301-35-01
of the Administrative Code, the purpose and definitions for the operating
standards for kindergarten to twelfth grade.
(f)
Governance,
leadership, and strategic planning pursuant to rule
3301-35-02
of the Administrative Code, services that identify student health and safety
concerns and opportunities for access to appropriate related
resources.
(g)
Board of health shall inspect schools and may close
them pursuant to section
3707.26
of the Revised Code, regarding inspection of schools by the board of
health.
(F)
Evaluation and
establishing special education programs.
(1)
The program shall
be evaluated by the department of education to determine if such program is in
compliance with this rule. After the initial evaluation of the program, the
program shall be monitored by the department of education as determined
appropriate by the department.
(2)
The program shall
be recommended by the department of education to the state board of education
for establishing if the program meets the requirements specified in this rule
and those set forth in Chapter 3301-51 of the Administrative Code relating to
the education of children with disabilities.
Replaces: 3301-55-01
Notes
Promulgated Under: 119.03
Statutory Authority: 3301.07, 3301.07(J)
Rule Amplifies: 3301.07(J), 3323.02, 3323.091
Prior Effective Dates: 11/01/1977, 06/10/1988, 09/23/2005, 10/23/2010, 02/01/2016
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