(A) For purposes of
excusing
an adult student from taking any
assessment required for receiving a diploma under section
3313.611 of the Revised Code, or
for providing accommodations on any assessment required for graduation, the
provisions of this rule shall apply only to
an
adult student who meets all of the eligibility criteria in this rule.
(1) The
adult
student is a person twenty-two or more years of age and enrolled in
a
an adult high school
continuation program
established
pursuant to section
3313.531
3313.532
of the Revised
Code; and
(2) The
adult student is a person with a disability based
on an evaluation completed in accordance with the requirements of this
rule.
(B)
An adult student who meets the criteria pursuant to
paragraph (A) of this rule or any applicant to a board of education for a
diploma of adult education under division (B) of section
3313.611 of the Revised Code may
request the board to conduct an evaluation. Upon the request, the board of
education to which the request was made shall evaluate the person to determine
whether the person has a disability. The evaluation shall be conducted in
accordance with paragraphs
(C)
(D) and
(D)
(E) of this rule.
(C)
For individuals
enrolled in the twenty-two plus program pursuant to Chapter 3301-45 of the
Administrative Code, the evaluations and requirements referenced in this rule
shall be conducted by the board of education of the student's district of
residence as that is the district responsible for issuing diplomas under the
twenty-two plus program.
(C)
(D) An evaluation to
determine if an adult student has a disability shall be accomplished in one
or more of the following ways:
(1) By review
and
acceptance of
the most recent
an evaluation
team
report (ETR) and individualized education program (IEP) with assessment
exemptions completed by
a
an
public
Ohio state agency
,
as defined by Chapter 3301-51 of the Administrative Code
and acceptance of the evaluation, if said evaluation
was completed within the past five calendar years, and if deemed
appropriate;
or
(2) By completing an evaluation in accordance
with the requirements set forth in
20 U.S.C. section
1400 et seq. (January 2, 2006) known as the
Individuals with Disabilities Education Act,
as
appropriate
or
and considering the accommodations consistent with
in
29 U.S.C.
section
794 (January 3, 2005), known as
Section 504 of the Rehabilitation Act of 1973
.
; and
Evaluations and assessment exemption
determinations shall be completed and approved by the board of education within
one-hundred twenty days from the date of the request made under section
3313.532 of the Revised
Code.
(3) By review of the evaluation data
and acceptance of the evaluation, if said evaluation was completed within the
past five calendar years, and if deemed appropriate, for a student who was
evaluated and determined by a board of education to have a disability while
enrolled in a public school or chartered non-public school in
Ohio.
(D)
(E) Any evaluation
completed by a board of education to determine whether an adult student has a
disability must include a variety of assessments and be comprehensive and
multidisciplinary in nature.
(E)
(F) A board of
education shall maintain written documentation of all information used to
determine any disability.
(F) For a student who has been
determined to have a disability, the determination of whether to excuse the
person from taking any assessment required by division (B) of section 3301.0710
of the Revised Code as a requirement for receiving a diploma under section
3313.611 of the Revised Code , or the determination of what accommodations to
provide shall be made in accordance with the provisions of rule
3301-13-03
of the Administrative Code.
Notes
Ohio Admin. Code
3301-13-09
Effective:
1/24/2020
Five Year Review (FYR) Dates:
11/7/2019 and
01/24/2025
Promulgated
Under: 119.03
Statutory
Authority: ORC 3301.07,
3301.0710,
3301.0711,
3313.532
Rule
Amplifies: ORC 3313.532,
3313.611,
3313.618,
3301.0710,
3301.0711,
3301.0712
Prior
Effective Dates: 08/08/1994 (Emer.), 11/01/1994, 02/07/2000, 08/22/2002,
12/21/2007
