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Note: For NON-administrative rule-related questions, please contact customer service at ODE's toll-free phone number (877-644-6338).
SBE/ODE Rule Process
Everything one needs to know about our administrative rules process is described on this page…
Overview
The State Board of Education (SBE), as the rule-making body for the Ohio Department of Education, amends, rescinds, and adopts new rules concerning primary and secondary education in Ohio. The process of amending, rescinding, and adopting new rules at ODE differs somewhat than that of other rule-making entities in Ohio that may not have a governing board with rule-making authority. The SBE/ODE rule-making process is aptly described as a harmonization of the requirements of Joint Committee on Agency Rule Review (JCARR) and the SBE.
Rule Defined
Just as a statute is law, a rule is a regulation. Whereas statutes are contained within the Ohio Revised Code, rules are contained within the Ohio Administrative Code. Rules have the full force of law, but are usually more detailed. The key difference between a statute and a rule, however, is that whereas the Ohio General Assembly writes legislation, which becomes law, state agencies (like ODE) are tasked with writing rules. The primary purpose of an administrative rule is to flesh-out or implement a statute.
Rule Review
Per Ohio law, existing administrative rules must be reviewed at least once every five years. Rule review entails deciding whether a rule should be amended, rescinded, or kept the same, and filing it with JCARR, Legislative Service Commission (LSC), and the Secretary of State.
Rules proposed to be amended, rescinded, adopted as new, or those requiring no change are filed with JCARR, the oversight committee tasked with reviewing rules on behalf of the Ohio General Assembly. Go to JCARR for more information on the JCARR process; however, it is the primary task of JCARR to ensure proposed rule actions do not conflict with the law.
Rule Process
Prior to filing a rule with JCARR, LSC, and the Secretary of State, ODE provides an analysis of the rule’s content to the SBE and recommends that the rule either be amended or rescinded. ODE also brings proposed new rules to the SBE for consideration.
Once the requirements of JCARR are combined (i.e. harmonized) with the policy-making process of the SBE, the process for amending, rescinding, and adopting new rules at ODE, which typically lasts five working months, unfolds as follows:
- Committee discussion of proposed rule actions – Two SBE standing committees, Achievement and Capacity, are tasked with considering rule actions proposed by ODE. (Month 1, Month 2)
- Resolution of Intent to amend, to rescind, or adopt a new rule – Following its discussion of the proposed rule action, the committee will make a recommendation to the full SBE that a rule either be amended, rescinded, or adopted as new in the form of a Resolution of Intent that will be voted on by the full SBE during its business meeting. (Month 2)
- Original filing of proposed rule action – Contained within the Resolution of Intent adopted by the full SBE is direction to ODE that the proposed rule action be filed with JCARR, LSC, and Secretary of State. (Month 3)
- Chapter 119. hearing – The rules filed with JCARR will appear on the agenda of a public hearing, typically held before the SBE, within 31 to 40 days from the date of original filing. (Month 4)
- JCARR hearing – The rules filed with JCARR will appear on the agenda of the last JCARR hearing held during the committee’s 65-day legislative jurisdiction over the rule. (Month 4)
- Resolution to amend, to rescind, or adopt a new rule – The last step in the SBE policy-making process is the adoption by the full SBE of a resolution that finalizes the SBE’s position on the proposed rule action. (Month 5)
- Final filing of proposed rule action – Contained within the Resolution to amend, to rescind, or adopt a new rule is direction to ODE that the proposed rule action is to be filed in final form with JCARR, LSC, and the Secretary of State. Both the effective date of the proposed rule action and next five-year review date are established when the rule is Final Filed. (Month 5)
Access to Rules
This page provides access to ODE’s rules including existing rules and rules recently filed with JCARR. For information regarding rules that may be in development in one of our offices, please contact ODE's Administrative Rule Coordinator.
- Existing administrative rules – Rules currently in effect can be accessed through Lawriter at http://codes.ohio.gov/. Simply click the link entitled Administrative Code and scroll down to Chapter 3301, Department of Education.
- Rules to be considered by the SBE - For a list of rule actions to be considered by the SBE at its next meeting, along with Chapter 119. hearing information, please click here. If you have questions concerning any of these rule actions, please contact ODE's Administrative Rule Coordinator.
- Rules recently filed with JCARR - Proposed rule actions are posted the day following the date of original filing up to 365 days following the date of the final filing on the Register of Ohio (www.registerofohio.state.oh.us). The Register of Ohio provides easy access to recently-filed administrative rules and accompanying public hearing notices. In order to make searching for a rule easy, the Register of Ohio allows visitors to search for the rule by filing agency (e.g. ODE), public hearing date and file date. A visitor may also search for a proposed and recently adopted rule by rule number, keyword in rule title, filing agency or public hearing date.
Note on Stakeholder Review
Both the SBE and ODE place a high premium on input from the field prior to initiating a proposed rule action. As a valued education stakeholder, please feel free to contact a program office directly or ODE’s Administrative Rule Coordinator to discuss your concern regarding upcoming rule actions.
Rule Topics
Administrative rules pertaining to the following education-related topics can be accessed through Lawriter at http://codes.ohio.gov/:
Chapter 3301-1 Public Notice of Hearings
Chapter 3301-2 Personal Information Systems
Chapter 3301-3 Data Acquisition Sites
Chapter 3301-4 Notice of Meetings
Chapter 3301-7 Standards for the Ethical Use of Tests
Chapter 3301-8 Payment of Debt Service Charges
Chapter 3301-9 Block Parent Programs
Chapter 3301-10 School Enrollment for Domestic Violence Victims
Chapter 3301-11 Educational Choice Scholarship Program
Chapter 3301-12 State Superintendent Spending Orders
Chapter 3301-13 Proficiency Tests
Chapter 3301-14 Education Management Information System
Chapter 3301-15 Identification of Excellent and Deficient Schools
Chapter 3301-16 High School Graduation
Chapter 3301-17 Reports for Statewide Education Management Information System
Chapter 3301-18 Calculating Student Attendance Rate
Chapter 3301-19 School District Expenditure Flow Reports
Chapter 3301-20 Standards for Employment of Individuals With Criminal Convictions
Chapter 3301-21 Colleges and Universities Preparing Teachers
Chapter 3301-23 Certification
Chapter 3301-24 Licensing and Education Programs
Chapter 3301-25 Educational Aide Permits
Chapter 3301-26 Examination and Certification
Chapter 3301-27 Pupil-Activity Program
Chapter 3301-29 Community School EMIS Reporting
Chapter 3301-30 Department of Youth Services Educational Program Standards
Chapter 3301-32 School Child Program
Chapter 3301-33 Phonics
Chapter 3301-34 Excuses from Compulsory Attendance for Home Education
Chapter 3301-35 Standards for Kindergarten through Twelfth Grade
Chapter 3301-37 Child Day-Care Programs
Chapter 3301-38 Educational Regional Service System
Chapter 3301-39 Approval of Nonpublic Schools
Chapter 3301-40 Rules on Nonpublic Schools Administrative Cost Reimbursement
Chapter 3301-41 Certificate of High School Equivalence
Chapter 3301-42 Adult Public Secondary Education Programs
Chapter 3301-43 Adult High School Continuation Programs
Chapter 3301-44 Post-Secondary Enrollment Options
Chapter 3301-46 Exemption from Statutes to Implement Innovative Education Pilot Programs
Chapter 3301-47 Education Program for Parents of Truant Students
Chapter 3301-48 Open Enrollment Programs
Chapter 3301-49 Competency Guarantees
Chapter 3301-51 Education of Students with Special Needs
Chapter 3301-52 Screening and Assessment Information
Chapter 3301-53 Special Education Programs for the Mentally Retarded
Chapter 3301-55 Special Education Programs for State Institutions
Chapter 3301-56 Intervention Standards for Districts Declared To Be under Academic Watch or in Academic Emergency Status
Chapter 3301-57 Child Abuse Detection Training
Chapter 3301-58 Value-Added Progress Dimension
Chapter 3301-61 Vocational Education
Chapter 3301-68 Distribution of Funds for Career Education Programs
Chapter 3301-69 Miscellaneous Programs
Chapter 3301-71 Disadvantaged Pupil Impact Aid
Chapter 3301-73 Professional Conduct Educator Rules
Chapter 3301-80 Venereal Disease Education
Chapter 3301-81 Driver Education
Chapter 3301-83 Pupil Transportation
Chapter 3301-85 Purchase of School Buses
Chapter 3301-89 Transfers of Territory
Chapter 3301-91 Standards for School Lunch and Breakfast Programs
Chapter 3301-92 Distribution of State Aid
Chapter 3301-98 Background Checks for OhioReads Program
Chapter 3301-102 Community Schools
Chapter 3301-103 Autism Scholarship Program
Chapter 3301-104 Expenditures for Pupil Instruction for Internet- or Computer-Based Community Schools
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