Section 3301-15-02 - Exemptions from state statutory provisions and rules(A) Pursuant to section 3302.05 of the Revised Code, the board of education of any school or district that meets the criteria setforth in section 3302.03 of the Revised Code and wishes to be exempt from certain statutes and/or rules that pertain to state education obligations may submit to the department of education and workforce a resolution that identifies the specific education statutes and/or rules from which the school or district is exempt. The following limitations apply to these exemptions:
(1) If the district employs teachers under a collective bargaining agreement adopted pursuant to Chapter 4117. of the Revised Code, written consent of the teachers' employee representative designated under division (B) of section 4117.04 of the Revised Code will accompany the resolution;(2) The resolution is limited to the provisions of Title XXXIII of the Revised Code or to any rule of the department adopted pursuant to that title, except that no exemption may be made from the provisions of, or rule adopted pursuant to Chapter 3307. or 3309. of the Revised Code, sections 3319.07 to 3319.21 of the Revised Code, Chapter 3323. of the Revised Code, Chapter 3327. of the Revised Code, or from any operating standard adopted under division (D)(2) or (D)(3) of section 3301.07 of the Revised Code and Chapter 3301-35 of the Administrative Code;(3) Any exemption is limited to a period not to exceed five years;(4) If any school or district that has granted itself an exemption fails to meet the criteria provided in division (D)(3) of section 3302.03 of the Revised Code, the school or district is no longer eligible for the exemption and the resolution of the board of education of the school district becomes void upon the school's or district's failure to meet the criteria; and(5) Exemptions for innovative pilot programs are submitted via application to the department for its approval in accordance with section 3302.07 of the Revised Code.(B) Notwithstanding paragraph (A)(2) of this rule, the following additional statutes and rules are not subject to exemption via this process: (1) Statutes or rules that ensure the health and/or safety of pupils, including, but not limited to, sections 3313.50 (records of hearing and vision tests of school children); 3313.643 (eye protection devices); 3313.67 (immunization of pupils); 3313.672 (new pupil to present school records); 3313.673 (screening of beginning pupils for special learning needs); 3313.69 (hearing and vision tests); 3313.71 (examinations and diagnoses by school physician); 3313.713 (administration of medication); 3313.719 (peanut or other food allergy); 3313.96 (informational programs relative to missing children); 3737.73 (emergency preparedness plan) ; and 5502.262 (school emergency management plans) of the Revised Code;(2) Statutes or rules for the implementation of the education management information system (EMIS), including section 3301.0714 of the Revised Code and Chapters 3301-14 and 3301-17 of the Administrative Code;(3) Statutes or rules for the implementation of the proficiency or achievement tests, including sections 3301.0710 and 3301.0711 of the Revised Code and Chapter 3301-13 of the Administrative Code;(4) Section 3313.608 of the Revised Code related to reading capability at the end of grade three;(5) Section 3313.603 of the Revised Code related to graduation and credit flexibility;(6) Statutes or rules for the identification of gifted children, including section 3324.03 of the Revised Code;(7) Statutes or rules relating to school finance and the calculation of funds for school districts;(8) Section 3321.01 of the Revised Code relating to compulsory school age; and, statutes or rules that grant rights to parents, as "parent" is defined in section 3321.01 of the Revised Code;(9) Statutes or rules relating to suspension, expulsion or permanent exclusion of pupils, including sections 3313.66, 3313.661, and 3313.662 of the Revised Code;(10) Statutes or rules relating to the following sections of the Revised Code, including sections 3313.201 (purchase of liability insurance); 3313.80 (display of national flag); 3319.321 (confidentiality of student information); 3319.39 (criminal records check for applicants responsible for children); and 3319.391 (criminal records checks for applicants for positions not requiring licensure and not involving operation of a pupil transportation vehicle) of the Revised Code;(11) Sections 3319.22 to 3319.31 of the Revised Code relating to licensure of school personnel ;(12) Sections 3313.48 and 3313.481 of the Revised Code relating to minimum school year ;(13) Sections 3313.61 and 3313.611 of the Revised Code relating to granting of diplomas and adult education diplomas; (14) Performance indicators established by the department under section 3302.02 of the Revised Code;(15) Section 3319.392 of the Revised Code; and(16) Section 3313.6028 of the Revised Code.Ohio Admin. Code 3301-15-02
Effective: 5/9/2024
Five Year Review (FYR) Dates: 2/22/2024 and 05/09/2029
Promulgated Under: 119.03
Statutory Authority: 3302.05
Rule Amplifies: 3302.03, 3302.05
Prior Effective Dates: 08/01/1991, 05/28/2004, 09/23/2005, 10/23/2010, 12/23/2017