Ohio Admin. Code 3301-103-01 - Definitions
The following terms are defined as they are used in this chapter of the Administrative Code:
(A) "Administrative or judicial mediations or
proceedings" includes, but is not limited
to,
all pending written complaints,
mediations, or due process hearings with respect to the content of the
individualized education program (IEP) that an alternative public provider or
registered private provider would implement if an autism scholarship is awarded
to a child whose parent has applied for a scholarship for his or her child; or
is implementing if a child was awarded a scholarship and is participating in
the autism scholarship program.
(B)
"Alternative public provider" means either of the following providers that
agrees to enroll a child in the provider's special education program to
implement the child's individualized education program and to which the child's
parent owes fees for the services provided to the child:
(1) A school district that is not the school
district in which the child is entitled to attend school;
(2) A public entity other than a school
district.
(C) "Approval
date" means the date of the Ohio department of education's written notice to
the parent, informing the parent, as defined in paragraph (J) of this rule,
that his or her child has been awarded a scholarship under the autism
scholarship program based on the parent's application and documentation that
the child is a qualified special education child.
(D) "Autism scholarship program" has the same
meaning as the autism scholarship program established in section
3310.41 of the Revised
Code.
(E) "Category six special
education ADM" means the average daily membership of students receiving special
education services for the disabilities specified in division (F) of section
3317.013 of the Revised Code and
reported under division (B)(10) or (D)(2)(g) of section
3317.03 of the Revised
Code.
(F) "Entitled to attend
school" means entitled to attend school in a school district under section
3313.64 or
3313.65 of the Revised
Code.
(G) "Formula ADM" means, for
a city, local, or exempted village school district, the final number verified
by the superintendent of public instruction, based on the number reported
pursuant to division (A) of section
3317.03 of the Revised Code, as
adjusted, if so ordered, under division (K) of that section.
(H) "Individualized education program (IEP)"
means the written statement described in section
3323.011 of the Revised Code.
For the purposes of division (A)(7)(b) of section
3310.41 of the Revised Code, the
IEP is the most current IEP created by the district of residence's IEP
team.
(I) "Modify services" means
to provide services identified on the IEP at a different frequency or in a
different amount than specified on the IEP, as measured
goals and objectives or to provide services other than those identified
on the IEP, but associated with educating the child. A parent and provider do
not have the ability to independently amend or alter the IEP as written by the
school district.
(J) "Parent" has
the same meaning as in section
3310.41 of the Revised
Code.
(K) "Preschool child with a
disability" means a child with a disability who is at least three years of age
but is not of compulsory school age, as defined under section
3321.01 of the Revised Code, and
who is not currently enrolled in kindergarten.
(L) "Preschool scholarship ADM" means the
number of preschool children with disabilities reported under division
(B)(3)(h) of section 3317.03 of the Revised
Code.
(M) "Qualified special
education child" is a child for whom all of the following conditions apply:
(1) The school district in which the child is
entitled to attend school has identified the child as a child with autism.
A child who has been identified as having a
pervasive developmental disorder - not otherwise specified (PDD-NOS) shall be
considered to be a child with autism for purposes of section 3310.41 of the
Revised Code. In addition, a child who has received a scholarship
under the autism scholarship program based upon the identification of pervasive
development disorder-not otherwise specified (PDD-NOS) prior to the 2013/2014
school year shall continue to be eligible for a scholarship despite the changes
related to this diagnosis in the "Diagnostic and Statistical Manual of Mental
Disorders, 5th Edition (2013)";
(2)
The school district in which the child is entitled
to attend school has developed an individualized education program under
Chapter 3323. of the Revised Code for the child; and
The school district of residence, or the school
district that the child is entitled to attend under the circumstances set forth
in paragraph (A) of rule
3301-103-04 of the
Administrative Code, has identified the child as a child with a
disability;
(3) The child
either:
(a) Was enrolled in the school
district in which the child is entitled to attend school in any grade from
preschool through twelve in the school year prior to the year in which a
scholarship under this chapter is first sought for the child; or
(b) Is eligible to enter school in any grade
preschool through twelve in the school district in which the child is entitled
to attend school in the school year in which a scholarship under this chapter
is first sought for the child.
(N) "Registered private provider" means a
nonpublic school or other nonpublic entity or person that has been approved by
the Ohio department of education to participate in the autism scholarship
program established under section
3310.41 of the Revised
Code.
(O)
"Comprehensive special education program" means a program
offered by a chartered nonpublic school approved by the Ohio department of
education to participate in the autism scholarship program that includes both
the educational and services components.
(1) The school district in
which the child's natural or adoptive parents reside;
(2) If the school district specified in
paragraph (P)
(Q) (1) of this rule cannot be determined, the last
school district in which the child's natural or adoptive parents are known to
have resided if the parents' whereabouts are unknown;
(3) If the school district specified in
paragraph (P)
(Q) (2) of this rule cannot be determined, the school
district determined under section
2151.362 of the Revised Code, or
if no district has been so determined, the school district as determined by the
probate court of the county in which the child resides;
(4) Notwithstanding paragraphs
(P)
(Q) (1) to
(P)
(Q) (3) of
this rule, if a school district is required by section
3313.65 of the Revised Code to
pay tuition for a child, that district shall be the child's school district of
residence for the purposes of Chapter 3301-103 of the Administrative
Code.
Notes
Promulgated Under: 119.03
Statutory Authority: 3301.07, 3310.41
Rule Amplifies: 3310.41
Prior Effective Dates: 01/08/2004, 07/01/2009, 11/02/2017
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