Ohio Admin. Code 3301-13-09 - [Effective 7/1/2025] Provisions for an excuse from taking any assessment necessary for graduation for an adult with disabilities or for providing accommodations on any assessment necessary for graduation for an adult with disabilities, twenty-two or more years of age, and enrolled in adult high school continuation program

(A) For purposes of excusing an adult student from taking any assessment required necessary for receiving a diploma under section 3313.611 of the Revised Code, or for providing accommodations on any assessment required necessary for graduation, the provisions of this rule shall will 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 program pursuant to section 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 criteria 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 will evaluate the person to determine whether the person has a disability. The evaluation shall will be conducted in accordance with paragraphs (D) and (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 criteria referenced in this rule shall will 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.

(D) An evaluation to determine if an adult student has a disability shall will be accomplished in one of the following ways:

(1) By review and acceptance of the most recent evaluation team report (ETR) and individualized education program (IEP) with assessment exemptions completed by a public agency, as defined by Chapter 3301-51 of the Administrative Code if deemed appropriate; or

(2) By completing an evaluation in accordance with the requirements criteria set forth in 20 U.S.C. section 1400 et seq. (January 2, 2006) known as the Individuals with Disabilities Education Act, as appropriate and considering the accommodations consistent with 29 U.S.C. section 794 (January 3, 2005), known as Section 504 of the Rehabilitation Act of 1973.

Evaluations and assessment exemption determinations shall will be completed and approved by the a board of education within one-hundred twenty days from the date of the request made under section 3313.532 of the Revised Code.

(E) Any evaluation completed by a board of education to determine whether an adult student has a disability must will include a variety of assessments and be comprehensive and multidisciplinary in nature.

(F) A board of education shall will maintain written documentation of all information used to determine any disability.

Notes

Ohio Admin. Code 3301-13-09

Effective: 7/1/2025
Five Year Review (FYR) Dates: 10/18/2024 and 07/01/2030
Promulgated Under: 119.03
Statutory Authority: 3301.07, 3301.0710, 3301.0711, 3313.532
Rule Amplifies: 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, 01/24/2020