This letter transmits amendments to three Ohio Administrative Code (OAC) rules and one new rule regarding Scholar Residential Centers as a result of HB 33 of the 134th General Assembly.  These rules will be effective January 1, 2024.

The following is a brief summary of the changes and additions:

OAC 5101:2-5-03 entitled Certification of an agency to perform specific functions provides guidance to agencies on what functions of certification is available for agencies.  Paragraph (D) was amended to add a scholars residential center as a function type.

OAC 5101:2-5-18 entitled Waivers and variances provides guidance to agencies on how to request a rule waiver.  Paragraph (A) was amended to allow a scholars residential center to request agency waivers and to allow an agency to request a waiver for a foster home in the case of a disaster or emergency situation regarding the home.

OAC 5101:2-9-42 entitled Qualified residential treatment program provides guidance to agencies on the requirements for the operation of a QRTP.  The definition in paragraph (A) was amended to add a scholars residential center is exempt from being a QRTP.

OAC 5101:2-9-45 entitled Scholars residential center provides guidance to agencies on a new residential facility called a scholars residential center which is focused on an educational population of children.

INSTRUCTIONS:

The following chart indicates the materials that should be removed from the Family, Children and Adult Service Manual (FCASM) and the materials that are to be inserted in the FCASM.