What does a rule review look like?
As you know from previous alerts, the summer of 2008 is shaping up to be critical for home educators in Ohio. Every five years, Administrative Rules, which the State Board of Education (SBE) adopts and promulgates, comes under a review. The Ohio Department of Education (ODE) makes recommendation to the SBE about whether a full process should be carried out. The SBE then takes ODE's information under heavy consideration. Below is the actual process. Please become familiar with the interchange between the ODE and SBE.
ODE/SBE Rule Process
The State Board of Education (SBE) adopts rules concerning public education in Ohio. As a result, the process of changing (amending), eliminating (rescinding) existing rules and adopting new rules differs somewhat than that of other rule-making entities in Ohio, which may not have a governing board with rule-making authority.
By law, all of ODE'S Administrative Rules must be reviewed at least once every five years. Reviewing a rule entails filing it with the Joint Committee on Agency Rule Review (JCARR), the Legislative Service Commission (LSC) and the Secretary of State.
In reviewing a rule, ODE provides an analysis of the rule's content and one of the following recommendations to the SBE:
- Changes (Amendment);
- Elimination (Rescission); or
- No change (No Change).
In addition to the five-year review process, changes in state law often require ODE to amend, rescind, or adopt new rules.
In all cases (New, Amendment, Rescission and rules requiring No Change); ODE must file rules with the Joint Committee on Agency Rule Review (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.
ODE follows the same process for filing rules with JCARR as any other state agency. However, there are additional steps for SBE's rule-making process, including the following:
- Review by a committee of SBE, which makes a recommendation to the full SBE to change, eliminate or create a new rule (occurs prior to filing rules with JCARR);
- Adoption by the SBE through a Resolution of Intent to change, eliminate or create a new rule (must occur before filing the rule with JCARR); and
- Adoption by the SBE of a Resolution to Adopt to change, eliminate or create a new rule (occurs at least 66 days after the rule was filed with JCARR, one day beyond the length of JCARR's legislative jurisdiction over the rule). View our breakout of JCARR.
Complete Process Combining JCARR and SBE Requirements
The process of changing, eliminating or adopting rules at ODE includes the following steps:
- Department/stakeholder review of changed, eliminated or proposed rule;
- Review by SBE committee and recommendation to the full SBE (see SBE Breakout details);
- Adoption of a Resolution of Intent by the full SBE to change, eliminate or create a rule;
- Original filing of the rule (along with notice of the public hearing) with JCARR, LSC and Secretary of State;
- Revised Code Chapter 119 ('Public') Hearing held during the State Board meeting, 31 to 40 days following the date of filing;
- Listing of rule appears on the agenda of the last JCARR meeting within 65 days after the original filing;
- Adoption by full SBE of a Resolution to Adopt the changed, eliminated or proposed rules; and
- Final filing of rule with JCARR, LSC and Secretary of State and setting of the effective and next five-year-review dates.