(A) Purpose
This rule establishes minimum qualifications through
certification standards for superintendents of county boards of developmental
disabilities. These standards apply to persons who are employed or under
contract in the position of superintendent of a county board of developmental
disabilities.
(B)
Definitions
For the purposes of this rule, the following definitions
shall apply:
(1) "Accredited college or university" means
a college or university accredited by a national or regional association
recognized by the secretary of the United States department of education or a
foreign college or university of comparable standing.
(2) "Advanced curriculum for administrators
in Ohio's developmental disabilities service delivery system" means
department-approved instruction of at least one hundred hours that
shall address
addresses, but is not limited to, the following
topics:
(a) Budgeting/finance for governmental
entities;
(b) Communication and
public relations;
(c) Ethical
conduct;
(d) Information technology
management;
(e) Intergovernmental
relations;
(f) Legal environment of
public administration;
(g) Medicaid
home and community-based services waivers;
(h) Public sector human resources
management;
(i) Quality
assurance;
(j) Self-advocacy;
and
(k) Strategic planning,
management, and implementation.
(3) "Continuing professional education" means
department-approved training required for renewal of superintendent
certification.
(4) "County board"
means a county board of developmental disabilities.
(5) "Department" means the Ohio department of
developmental disabilities.
(6)
"Director" means the director of the department or his or her
that
person's designee.
(C) Description
(1) Initial certification
(a) There are two alternatives for obtaining
initial superintendent certification:
(i)
Alternative one
The department may issue initial superintendent certification
for a term of three years to an applicant who:
(a) Has an offer of employment in the
position of superintendent, as evidenced by a resolution adopted by the
employing county board;
(b) Holds a
master's degree, a doctorate degree, or a juris doctorate degree from an
accredited college or university;
(c) Has successfully completed five years of
full-time (or equivalent part-time), supervised, paid work experience in
administration, supervision, instruction, or habilitation of individuals with
developmental disabilities, including three years in a management or
supervisory capacity; and
(d) Has
submitted to the department in the format prescribed by the department, an
application and supporting documentation sufficient to establish that
he or she
the
applicant meets the requirements set forth in this rule.
(ii) Alternative two
The department may issue initial superintendent certification
for a term of five years to an applicant who:
(a) Holds a master's degree, a doctorate
degree, or a juris doctorate degree from an accredited college or
university;
(b) Has successfully
completed five years of full-time (or equivalent part-time), supervised, paid
work experience in administration, supervision, instruction, or habilitation of
individuals with developmental disabilities, including three years in a
management or supervisory capacity;
(c) Has successfully completed an advanced
curriculum for administrators in Ohio's developmental disabilities service
delivery system; and
(d) Has
submitted to the department in the format prescribed by the department, an
application and supporting documentation sufficient to establish that
he or she
the
applicant meets the requirements set forth in this rule.
(b) When requested by a
resolution adopted by a county board and with accompanying rationale, the
director may waive the requirement set forth in paragraph (C)(1)(a)(i)(c) of
this rule. The director's decision to grant or deny a request is
final and may not be appealed
not subject to appeal.
(c) When requested in writing by an applicant
and with accompanying rationale, the director may waive the requirement for the
applicant to complete one or more topics of the advanced curriculum for
administrators in Ohio's developmental disabilities service delivery system set
forth in paragraph (B)(2) of this rule. The director's decision to grant or
deny a request is final and may not be
appealed
not subject to appeal. The
director's decision to grant a request does not relieve the applicant of the
requirement to complete an advanced curriculum for administrators in Ohio's
developmental disabilities service delivery system of at least one hundred
hours of instruction.
(2) First renewal of certification
(a) The department may renew the
superintendent certification of an applicant who received initial
superintendent certification in accordance with paragraph (C)(1)(a)(i) of this
rule for a term of five years provided the applicant successfully completed an
advanced curriculum for administrators in Ohio's developmental disabilities
service delivery system during the effective dates of the initial
superintendent certification and has submitted to the department in the format
prescribed by the department, an application and supporting documentation
sufficient to establish that he or she
the applicant meets the requirements set forth in
this rule.
(b) The department may
renew the superintendent certification of an applicant who received initial
superintendent certification in accordance with paragraph (C)(1)(a)(ii) of this
rule for a term of five years provided the applicant successfully completed one
hundred twenty hours of continuing professional education on or after the
effective date of the initial superintendent certification and has submitted to
the department in the format prescribed by the department, an application and
supporting documentation sufficient to establish that
he or she
the
applicant meets the requirements set forth in this rule.
(3) Subsequent renewal of
certification
The department may subsequently renew an applicant's
superintendent certification for a term of five years provided the applicant
successfully completed one hundred twenty hours of continuing professional
education on or after the effective date of the superintendent certification
being renewed and has submitted to the department in the format prescribed by
the department, an application and supporting documentation sufficient to
establish that he or she
the applicant meets the requirements set forth in
this rule.
(D)
Professional development plan
Each superintendent of a county board
shall
will
have a professional development plan which sets forth time lines for completing
an advanced curriculum for administrators in Ohio's developmental disabilities
service delivery system and/or continuing professional education, as
applicable. The professional development plan shall
will require
that continuing professional education be completed across the span of the
superintendent's certification. The employing county board
shall
will
approve the superintendent's initial professional development plan within
ninety calendar days of the superintendent's hire. Thereafter, the employing
county board shall
will review, update, and approve the superintendent's
professional development plan at least once per year.
(E) Professional grade
superintendent certifications issued prior to July 4, 2013
(1) Professional grade
superintendent certifications issued prior to July 4, 2013 shall remain in
effect until their assigned expiration dates. No additional professional grade
superintendent certifications shall be issued.
(2) An applicant who held, on July
4, 2013, valid professional grade superintendent certification and who submits
an application to the department in the format prescribed by the department
prior to expiration of the professional grade superintendent certification, may
receive renewal superintendent certification provided the applicant has
successfully completed two hundred forty hours of continuing professional
education on or after the effective date of the professional grade
superintendent certification. Renewal superintendent certification issued in
accordance with this paragraph shall be for a term of five
years.
(F) Renewal of expired
superintendent certification issued on or after July 4, 2013
(1) An applicant who held
superintendent certification issued on or after July 4, 2013 in accordance with
paragraph (C)(1)(a)(ii) of this rule or paragraph (C)(1)(a)(ii)(a) of rule
5123:2-5-03 of the Administrative Code as it existed on the day immediately
prior to the effective date of this rule that has expired for less than one
year and who submits an application to the department in the format prescribed
by the department, may receive renewal superintendent certification provided
the applicant has successfully completed one hundred twenty hours of continuing
professional education on or after the effective date of the expired
superintendent certification.
(2) An applicant who held
superintendent certification that has been expired for one year or more shall
be required to meet the standards for initial superintendent certification in
accordance with paragraph (C)(1)(a) of this rule.
(E)
Renewal of
expired superintendent certification
(1)
Superintendent certification which has been expired for
less than one year may be renewed upon completion of all renewal requirements
of the expired certification.
(2)
Superintendent
certification which has been expired for one year or more will not be renewed;
the applicant will be required to meet the requirements for initial
superintendent certification in accordance with paragraph (C)(1)(a)(ii) of this
rule.
(G)(F) Administrative
review
An applicant for superintendent certification whose application
is disapproved based upon the applicant's failure to meet the requirements set
forth in this rule, may request in writing, within thirty calendar days of the
rejection, an administrative review by the director.
(H)(G)
Denial, suspension, or revocation
(1) The
director shall
will deny, suspend, or revoke superintendent
certification if he or she
the director finds, pursuant to an adjudication
conducted in accordance with Chapter 119. of the Revised Code, that the
applicant for or holder of superintendent certification has engaged in an
immoral act, incompetence, negligence, or conduct that is unbecoming to the
applicant's or holder's position.
(2) Except as provided in paragraph
(H)(3)
(G)(3)
of this rule, the director
shall
will deny or revoke superintendent certification
if
he or she
the
director finds, pursuant to an adjudication conducted in accordance with
Chapter 119. of the Revised Code, that the applicant for or holder of
superintendent certification:
(a) Has been
convicted of, pleaded guilty to, or been found eligible for intervention in
lieu of conviction for any of the disqualifying offenses listed or described in
paragraph (E)(1)(a) of rule
5123-2-02 of the Administrative
Code;
(b) Has been convicted of,
pleaded guilty to, or been found eligible for intervention in lieu of
conviction for any of the disqualifying offenses listed or described in
paragraph (E)(1)(b) of rule
5123-2-02 of the Administrative
Code if a period of ten years has not elapsed from the date the applicant was
fully discharged from imprisonment, probation, and parole;
(c) Has been convicted of, pleaded guilty to,
or been found eligible for intervention in lieu of conviction for any of the
disqualifying offenses listed or described in paragraph (E)(1)(c) of rule
5123-2-02 of the Administrative
Code if a period of seven years has not elapsed from the date the applicant was
fully discharged from imprisonment, probation, and parole;
(d) Has been convicted of, pleaded guilty to,
or been found eligible for intervention in lieu of conviction for any of the
disqualifying offenses listed or described in paragraph (E)(1)(d) of rule
5123-2-02 of the Administrative
Code if a period of five years has not elapsed from the date the applicant was
fully discharged from imprisonment, probation, and parole;
(e) Has been convicted of, pleaded guilty to,
or been found eligible for intervention in lieu of conviction for multiple
disqualifying offenses if the applicable period of time in accordance with
paragraph (E)(2) of rule
5123-2-02 of the Administrative
Code has not elapsed from the date the applicant was fully discharged from
imprisonment, probation, and parole; or
(f) Has been included in one or more of the
databases described in paragraphs (C)(2)(a) to (C)(2)(f) of rule
5123-2-02 of the Administrative
Code.
(3) A conviction
of or plea of guilty to a disqualifying offense listed or described in
paragraphs (E)(1)(a) to (E)(1)(d) of rule
5123-2-02 of the Administrative
Code
shall
will not constitute grounds for the denial or
revocation of superintendent certification if the requirements contained in
paragraph (F) of rule
5123-2-02 of the Administrative
Code are met.
(4) An applicant for
or holder of superintendent certification shall
must disclose a
conviction that has been sealed.
Notes
Ohio Admin. Code
5123-5-03
Effective:
12/1/2024
Five Year Review (FYR) Dates:
9/12/2024 and
12/01/2029
Promulgated
Under: 119.03
Statutory
Authority: 5123.04,
5126.25
Rule
Amplifies: 5123.04,
5123.081,
5126.25
Prior
Effective Dates: 09/23/1982, 02/06/1992, 05/16/1999, 04/05/2001, 06/10/2005,
02/01/2007, 07/04/2013, 07/25/2019
