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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