Private School Regulation
Ohio
Effective July 1, 1995, the State Board of Education will
classify and charter nonpublic schools according to prescribed standards
on a voluntary basis. No charter will be granted to a nonpublic school
unless the school elects to administer standardized tests. Ohio Rev.
Code Ann. § 3301.07.
Registration/Licensing/Accreditation: Schools other than public
schools must conform to the minimum standards prescribed by the State Board
of Education. Ohio Rev. Code Ann.§ 3321.07.
The State Board of Education classifies and charters nonpublic schools
according to prescribed standards on a voluntary basis. The State Board
of Education will consider the particular needs, methods and objectives
of nonpublic schools provided they do not conflict with a high quality
general education and regular procedures are followed for the promotion
of pupils. Ohio Rev. Code Ann. ? 3301.07(D). Effective July 1, 1995, no
charter will be granted to a nonpublic school unless, pursuant to § 3301.0711(K),
the school elects to administer the ninth grade statewide proficiency tests,
prescribed under § 3301.0710(B), beginning July 1, 1995. The state
board shall revoke the charter of any nonpublic school that does not comply
with ? 3313.612, prohibiting nonpublic schools from granting high school
diplomas to anyone unless they have attained at least the applicable scores
on the ninth grade proficiency tests with limited exceptions or, does not
participate in the ninth grade proficiency testing program under ? 3301.0710(B).
Ohio Rev. Code Ann. § 3301.16. Ohio Admin. Code § 3301-35.
Recordkeeping/Reports: A student enrolling in a nonpublic school
must present: 1) records of prior school enrollment; 2) a certified copy
of a court order allocating parental rights, if applicable; and, 3) a certification
of birth. Within 24 hours of enrollment, a school official must request
the pupil's official records from the sending school. If the school claims
it has no records of attendance or the records are not received within
14 days, or if the pupil does not present a certification of birth, the
school official must notify the local law enforcement agency of the possibility
that the pupil is a missing child. Ohio Rev. Code Ann. § 3313.672.
Parochial and private schools must file annual reports to the State Board
of Education on forms provided by the Board. Ohio Rev. Code Ann. § 3301.14.
Private and parochial schools must report to the Treasurer of the Board
of Education the names, ages, and residence of all pupils under 18 within
the first two weeks of school to facilitate carrying out the laws relating
to compulsory education and the employment of minors. Reports must be updated
within the first week of every subsequent school month. Ohio Rev. Code
Ann. § 3321.12.
Nonpublic school administrators may request from the local school district
an accounting of the moneys received by the district under ' 3317.06 for
students attending chartered nonpublic schools.(See Public
Aid.) Ohio Rev. Code Ann. § 3317.024(P).
Length of School Year/Day: Students enrolled in schools other than
public schools must attend for equivalent hours and term of attendance
for public school students. Ohio Rev. Code Ann. § 3321.07.
Private and parochial schools may prescribe when a child may be excused
for absence from school for good and sufficient reasons. Ohio Rev. Code
Ann. § 3321.04.
Discrimination: The provision of transportation for nonpublic school
students with state funds is conditioned on the school's nondiscrimination
in the selection of pupils, faculty members, and employees based on race,
color, religion or national origin. Ohio Rev. Code Ann. § 3327.01.
Blind, deaf, and mobility impaired persons assisted by guide dogs are
entitled to the full and equal accommodations in institutions of education,
including nonpublic elementary and secondary schools. Ohio Rev. Code Ann. § 955.43.
Teacher Certification: Standards for teacher certification for
nontax-supported schools provide for certification without further educational
requirements for individuals with a bachelor's degree from an accredited
college or university. Standards for teacher certification in nonchartered
nontax-supported schools provide for certification without further educational
requirements for individuals who have attended Bible colleges and Bible
institutes. Teachers in nonchartered, nontax-supported schools are exempt
from certification fees. Ohio Rev. Code Ann.§ 3301.071.
Curriculum: Chartered nonpublic schools may participate in the
statewide proficiency test program if the chief administrator submits a
written request to the Superintendent of Public Instruction prior to August
1. Ohio Rev. Code Ann. § 3301.0711(K).
After September 15, 1998, no chartered nonpublic school may grant a high
school diploma unless the student has attained applicable scores on requisite
tests, with limited exceptions. Ohio Rev. Code Ann. §§ 3313.612;
3301.0710.
Special Education: The Department of Education will consult with
chartered nonpublic schools regarding sign language interpreters for the
instruction of hearing-impaired children. Ohio Rev. Code Ann. § 3323.17.
Health: No person may establish an institution for persons suffering
from a communicable disease, defined by the Director of Health, within
2,000 feet of any private or parochial school. Ohio Rev. Code Ann. § 3313.74.
Safety: Principals of private schools having an average daily attendance
of 50 students or more must instruct and train the students to exit buildings
by drills at least once a month. The doors and exits of school buildings
must be unlocked during school buildings. Ohio Rev. Code Ann. § 3737.73.
Ohio's Missing Child Educational Program will assist nonpublic schools
in developing cooperative programs with local law enforcement agencies
for fingerprinting children. The Office of the Attorney General will disseminate
periodic information bulletins of missing children to nonpublic schools.
If the chief administrator of a nonpublic school is notified that a missing
child is attending his school, the administrator must notify the Missing
Children Clearinghouse and the local law enforcement agency immediately.
Ohio Rev. Code Ann. '' §§ 109.65; 3301.25.
The hiring officer of any chartered nonpublic school must request a criminal
records check for any applicant for a position responsible for the care,
custody, or control of a child. The request must be made to the Superintendent
of the Bureau of Criminal Identification and Investigation. If the applicant
was convicted or plead guilty to certain crimes listed, the school cannot
employ the individual. The cost of the criminal records check is born by
the school, but may be passed on to the applicant if notified beforehand.
Ohio Rev. Code Ann. § 3319.39.
Chartered nonpublic schools must comply with written requests for student
records from entities investigating complaints of child abuse and neglect
unless the school determines they are prohibited by law and file a motion
with the court. Ohio Rev. Code Ann. § 2151.141.
The State Board of Education will provide technical assistance to chartered
nonpublic schools on Block Parent Programs, i.e. voluntary programs
to provide students temporary refuge. Ohio Rev. Code Ann. § 3301.076.
If known, chartered nonpublic schools will be notified by the prosecuting
attorney if an employed certificated teacher is convicted or pleads guilty
to certain criminal violations. Ohio Rev. Code Ann. § 3319.52.
Transportation: Students, grades K-8, who attend nonpublic schools
and reside more than 2 miles from school and within 30 minutes travel time
by yellow school bus from the public school of assignment to the nonpublic
school will receive transportation unless the local and State Board of
Education deems the transportation unnecessary or unreasonable. In lieu
of transportation, the board may reimburse families the costs of transportation.
School boards may provide students, grades 9-12, transportation to and
from nonpublic schools. The boards must provide transportation for students
with disabilities. Transportation is conditioned on the school's nondiscrimination
in the selection of pupils, faculty members, and employees based on race,
color, religion or national origin. Ohio Rev. Code Ann. § 3327.01.
Transportation for students attending sectarian schools does not violate
the Ohio constitutional provision prohibiting religious control over state
school funds.Honohan v. Holt, 244 NE2d 537 (1968).
School districts may lease busses to nonpublic schools located within
the district for school related activities that would be approved school
related activities offered by a public school. The cost must not exceed
the costs of operating the busses. Ohio Rev. Code Ann. § 3327.13.
Home Schooling: A parent who elects to provide home education must
supply the following information to the superintendent of schools of the
district or residence: name and contact information for student/s, parent/s
and instructor; assurance that home education will follow a prescribed
list of subjects to be taught except that home education shall not be required
to include any concept, topic, or practice that is in conflict with the
sincerely held religious beliefs of the parents; brief outline of the intended
curriculum; list of textbooks or other basic teaching materials that the
parent intends to use for home education; assurance that the child will
be provided a minimum of 900 hours of home education each school year;
and assurance that the home teacher has a high school diploma or the certificate
of high school equivalence or standardized test scores that demonstrate
high school equivalence or other equivalent credential found appropriate
by the superintendent. Ohio Rev. Code Ann. § 3321.04; Ohio Admin.
Code § 3301-34-03.
The parent shall send to the superintendent an academic assessment report
of the child for the previous school year at the time of supplying subsequent
notification. Ohio Admin. Code § 3301-34-04.
If the annual academic assessment indicates that the child is not demonstrating
reasonable proficiency, the parent will be required to develop a plan of
remediation and submit a quarterly report to the superintendent. If the
child does not demonstrate reasonable progress during remediation, the
superintendent may, subsequent to a due process hearing, revoke the child?s
excuse from attendance and notify the parents in writing to enroll the
child within 30 calendar days in a school in compliance with Chapter 3301-35
of the Administrative Code. Ohio Admin. Code § 3301-34-05.
Public Aid for Private Schools/Private School Students: According
to the Ohio Constitution, a religious sect may not control any part of
the state's school funds. Ohio Const. Art. VI, Sec. 2.
State allocations paid to local school districts for chartered nonpublic
schools may be used for the following purposes: 1) approved secular textbooks;
2) speech and hearing diagnostic services; 3) physician, nursing, dental,
and optometric services; 4) diagnostic psychological services; 5) guidance
and counseling services; 6) remedial services; 7) standardized tests and
scoring services; 8) programs for handicapped and gifted children; 9) clerical
personnel for the administration of programs; and 10) secular, neutral,
and nonideological computer software and mathematics or science equipment
and materials generally used in the public schools. Ohio Rev. Code Ann. § 3317.06.
The Superintendent of Public Instruction annually reimburses chartered
nonpublic schools for actual mandated administrative and clerical costs
incurred in preparing, maintaining and filing reports, forms, and records.
Reimbursement will not exceed $250 per pupil enrolled in the nonpublic
school. Ohio Rev. Code Ann. § 3317.063.
Nonprofit private schools eligible to participate in food service programs
should apply to the State Board of Education for assistance. Ohio Rev.
Code Ann. § 3313.813.
Nonpublic school students may participate in public school vocational
education programs without assessment other than charges paid by public
school students. Ohio Rev. Code Ann. § 3313.90.
The sale of food to students in a cafeteria maintained in a private or
parochial school is exempt from sales tax. Ohio Rev. Code Ann. § 5739.02.
Miscellaneous: The State Board of Education submits annually a
ten-year projection of nonpublic school enrollment, by year and by grade
level, to the Governor and General Assembly. Ohio Rev. Code Ann. § 3301.07(F).
Principals of private and parochial schools must display the United States
flag, not less than 5 feet in length, over, near, or within all schoolhouses
when in session. Ohio Rev. Code Ann. § 3313.80.
Nonpublic school students may participate in Ohio's post-secondary enrollment
options program. Nonpublic schools must provide students information about
the program prior to March 1. Students must notify the nonpublic school
by March 30 of their intention to participate. The chief administrator
of a nonpublic school must counsel students before participation of the
possible risks and consequences of participation. Students may elect to
receive both college credit and high school credit. Ohio Rev. Code Ann. § 3365.02
Nonpublic school teachers, principals and administrators may use reasonable
corporal punishment whenever such punishment is reasonably necessary to
preserve discipline, subject to the school's own policies. Ohio Rev. Code
Ann. § 3319.41
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