Ohio Admin. Code 3301-51-01 - Applicability of requirements and definitions
(A) Applicability of requirements
The purpose of Chapter 3301-51 of the Administrative Code is to
ensure that all children with disabilities residing in Ohio between the ages of
three and twenty-one years, inclusive, including children with disabilities who
have been suspended or expelled from school, have available to them a
(1) The provisions of this chapter shall
provide that:
(a) Children with disabilities
have available to them FAPE that emphasizes special education and related
services designed to meet their unique needs and prepare them for further
education, employment, and independent living; and
(b) The rights of children with disabilities
and their parents are protected.
(2) School district of residence
(a) The child's school district of residence
is responsible, in all instances, for ensuring that the requirements of
paragraph (A) of this rule for making FAPE available are met for every eligible
child in its jurisdiction, regardless of whether services are provided by
another school district , other educational agency , juvenile justice facility,
or other facility, agency, department, or entity unless Chapter 3323. of the
Revised Code, or a rule adopted by the state board of education specifies that
another school district , other educational agency , or other agency, department,
or entity is responsible for ensuring compliance with Part B of the
IDEA .
(b) Notwithstanding paragraph
(A)(2)(a) of this rule, a school district of residence is not required to pay
for the cost of education, including special education and related services , of
a child with a disability at a nonpublic school or facility if that school
district made FAPE available to the child, and the parents elected to place the
child in a nonpublic school or facility. However, the school district must
include the child in the population whose needs are addressed consistent with
the requirements of rule
3301-51-08 of the Administrative
Code.
(3) School
district other than school district of residence
(a) Each school district is responsible for
serving a child with a disability who is living in its school district , even
though the school district is not the child's school district of residence . The
child's school district of residence retains responsibility for making FAPE
available to the child.
(b)
"Serving a child with a disability " means educating the child which includes
making special education and related services available to the child.
(i) The responsibility to serve a nonresident
child with a disability living in the school district includes, but is not
limited to, a child with a disability placed in a juvenile justice facility,
institution, hospital, agency, department, home as defined in section
3313.64 of the Revised Code, or
other facility or entity located in the school district .
(ii) The responsibility to serve a
nonresident child with a disability does not apply to the school district in
which the child is living if the child is already being served by another
school district , a nonpublic school , county board of developmental disabilities
(county board of DD), other educational agency , a state or local agency or
institution, or other provider, including an open enrollment school district ,
the Ohio department of youth services, or provider for the "Autism Scholarship
Program" established by section
3310.41 of the Revised Code, or
a provider of the "Jon Peterson Special Needs Program" established by section
3310.52 of the Revised Code.
However, if the child is placed in a nonpublic school in the school district ,
the school district must include the child in the population whose needs are
addressed consistent with the requirements of rule
3301-51-08 of the Administrative
Code.
(4)
Funding for special education
No
(5) Plan
Each
(6) Documentation and information
The superintendent of public instruction may require an
(a) An educational agency must
provide the superintendent of public instruction with information necessary to
enable the superintendent to carry out the state's duties under Part B of the
IDEA , including, information relating to the performance of children with
disabilities participating in programs carried out under Part B of the
IDEA .
(b) An educational agency
must make available to parents of children with disabilities and to the general
public all documents relating to the eligibility of the educational agency
under Part B of the IDEA .
(c) An
educational agency must cooperate in the secretary's efforts under section 1308
of the Elementary and Secondary Education Act of 1965, (ESEA) to ensure the
linkage of records pertaining to migratory children with disabilities for the
purpose of electronically exchanging, among the states, health, and educational
information regarding those children.
(7) Ineligibility and opportunity for hearing
If the superintendent of public instruction determines that an
(a) Notify the educational agency of that
determination; and
(b) Provide the
educational agency with reasonable notice and an opportunity for a
hearing.
(8) Effect of
noncompliance on funding; notice to public
If the superintendent of public instruction, after reasonable
notice and an opportunity for a hearing, finds that an
(a) The superintendent of public instruction
must reduce or must not provide any further payment to the educational agency
until the state superintendent is satisfied that the educational agency is
complying with that requirement.
(b) Any educational agency in receipt of a
notice described in paragraph (A)(8)(a) of this rule must, by means of public
notice, take the measures necessary to bring the pendency of an action pursuant
to this rule to the attention of the public within the jurisdiction of the
educational agency .
(c) In carrying
out its responsibilities under this rule, the Ohio department of education must
consider any decision resulting from a hearing held under rule
3301-51-05 of the Administrative
Code that is adverse to the educational agency or state agency involved in the
decision.
(B)
Definitions
(1) "Act " or "IDEA " means the
Individuals with Disabilities Education Act , as amended by the Individuals with
Disabilities Education Improvement Act of 2004 at
20 U.S.C.
1400,
Public Law
108-446 of the 108th Congress, December 3, 2004
(IDEA ).
(2) "Assistive technology
device " means any item, piece of equipment , or product system, whether acquired
commercially off the shelf, modified, or customized, that is used to increase,
maintain, or improve the functional capabilities of a child with a disability .
The term does not include a medical device that is surgically implanted, or the
replacement of such device.
(3)
"Assistive technology service " means any service that directly assists a child
with a disability in the selection, acquisition, or use of an assistive
technology device . The term includes:
(a) The
evaluation of the needs of a child with a disability , including a functional
evaluation of the child in the child's customary environment;
(b) Purchasing, leasing, or otherwise
providing for the acquisition of assistive technology devices by children with
disabilities;
(c) Selecting,
designing, fitting, customizing, adapting, applying, maintaining, repairing, or
replacing assistive technology devices;
(d) Coordinating and using other therapies,
interventions, or services with assistive technology devices, such as those
associated with existing education and rehabilitation plans and
programs;
(e) Training or technical
assistance for a child with a disability or, if appropriate, that child's
family; and
(f) Training or
technical assistance for professionals (including individuals providing
education or rehabilitation services), employers, or other individuals who
provide services to, employ, or are otherwise substantially involved in the
major life functions of that child.
(4) "Average daily membership " means the
number of children that are counted to generate state funds under the Ohio
school foundation funding program.
(5) "Benchmark " means a specific statement of
what the child should know and be able to do in a specified segment of the
year. Benchmarks describe how far the child is expected to progress toward the
annual goal and by when. Benchmarks establish expected performance levels that
allow for regular checks of progress that coincide with the reporting periods
for informing parents of the child's progress toward achieving the annual
goals.
(6) "Braille ," unless
otherwise specified, means a tactile system of reading and writing for
individuals with visual impairments commonly known as standard English
braille .
(7) "Caseload for one
preschool special education teacher" means the number of children who
collectively comprise the equivalency for ratios or funding.
(8) "Charter school " or "community school "
has the meaning given the term in Section 4310 of the Elementary and Secondary
Education Act of 1965, 20
U.S.C. 6301 (ESEA). The term "charter school "
does not have the same meaning as "chartered nonpublic school ."
(9) "Chartered nonpublic school " means a
school chartered by the state board of education pursuant to section
3301.16 of the Revised Code and
that meets the minimum standards for chartered nonpublic schools.
(10) "Child with a disability " means a child
evaluated in accordance with rule
3301-51-06 of the Administrative
Code as having an intellectual disability , a hearing impairment (including
deafness ), a speech or language impairment , a visual impairment (including
blindness), a serious emotional disturbance (referred to in this rule as
"emotional disturbance "), an orthopedic impairment , autism , traumatic brain
injury , an other health impairment , a specific learning disability ,
deaf-blindness , a developmental delay (for a child between the ages of three
and five
nine), or multiple disabilities , and who, by reason
thereof, needs special education and related services .
(a) Subject to paragraph (B)(10)(b) of this
rule, if it is determined, through an appropriate evaluation under rule
3301-51-06 of the Administrative
Code, that a child has one of the disabilities identified in this rule, but
needs only a related service and not special education , the child is not a
child with a disability under this rule.
(b) If, consistent with the definition of
special education in paragraph (B)(62) of this rule, the individualized
education program (IEP) team considers the related service required by the
child to be special education rather than a related service under state
standards, the child would be determined to be a child with a disability under
this rule.
(c) Children aged three
through five
nine years who are experiencing developmental delays.
"Child with a disability " for children aged three through
five
nine
years, may, subject to the conditions described in rule
3301-51-03 of the Administrative
Code for the use of the term developmental delay, include a child:
(i) Who is experiencing developmental delays,
as defined by rule
3301-51-11 of the Administrative
Code and as measured by appropriate diagnostic instruments and procedures, in
one or more of the following areas: physical development, cognitive
development, communication development, social or emotional development, or
adaptive development as provided by rule
3301-51-11 of the Administrative
Code; and
(ii) Who, by reason
thereof, needs special education and related services .
(d) Definitions of disability terms. The
terms used in this definition of a "child with a disability " are defined as
follows:
(i) "Autism " means a developmental
disability significantly affecting verbal and nonverbal communication and
social interaction, generally evident before age three, that adversely affects
a child's educational performance. Other characteristics often associated with
"autism " are engagement in repetitive activities and stereotyped movements,
resistance to environmental change or change in daily routines, and unusual
responses to sensory experiences.
(a) Autism does not apply if
a child's educational performance is adversely affected primarily because the
child has an emotional disturbance , as defined in paragraph (B)(10)(d)(v) of
this rule.
(b) A
child who manifests the characteristics of autism after age three could be
identified as having autism if the criteria in paragraph (B)(10)(d)(i) of this
rule are satisfied.
(ii)
"Intellectual disability " means significantly sub average general intellectual
functioning , existing concurrently with deficits in adaptive behavior and
manifested during the developmental period, that adversely affects a child's
educational performance.
(a)
"Significantly sub average general intellectual functioning " refers to an
intelligence quotient of seventy or below as determined through a measure of
cognitive functioning administered by a school psychologist or a qualified
psychologist using a test designed for individual administration. Based on a
standard error of measurement and clinical judgment, a child may be determined
to have significant sub average general intellectual functioning with an
intelligence quotient not to exceed seventy-five.
(b) "Deficits in adaptive
behavior " means deficits in two or more applicable skill areas occurring within
the context of the child's environments and typical of the child's
chronological age peers.
(c) A child who was
identified by an Ohio educational agency as having a developmental handicap
prior to July 1, 2002 shall be considered a child with a disability if the
child continues to meet the definition of "developmentally handicapped" in
paragraph "N." of former rule
3301-51-01 of the Administrative
Code and the eligibility requirements of paragraph "F.1" of former rule
3301-51-04 of the Administrative
Code that are both contained in the "Rules for the Education of Handicapped
Children," which were effective July 1, 1982 and were rescinded July 1, 2002. A
child who meets these provisions shall be eligible to receive special education
and related services in accordance with the "Operating Standards for Ohio's
Schools Serving Children with Disabilities" effective July 1, 2008.
(iii) "Deaf-blindness " means
concomitant hearing and visual impairments, the combination of which causes
such severe communication and other developmental and educational needs that
they cannot be accommodated in special education programs solely for children
with deafness or children with blindness.
(iv) "Deafness " means a hearing impairment
that is so severe that the child is impaired in processing linguistic
information through hearing, with or without amplification that adversely
affects a child's educational performance.
(v) "Emotional disturbance " means a condition
exhibiting one or more of the following characteristics over a long period of
time and to a marked degree that adversely affects a child's educational
performance:
(a) An inability
to learn that cannot be explained by intellectual, sensory, or health
factors.
(b) An
inability to build or maintain satisfactory interpersonal relationships with
peers and teachers.
(c) Inappropriate types of
behavior or feelings under normal circumstances.
(d) A general pervasive mood
of unhappiness or depression.
(e) A tendency to develop
physical symptoms or fears associated with personal or school
problems.
(f)
Emotional disturbance includes schizophrenia. The term does not apply to
children who are socially maladjusted, unless it is determined that they have
an emotional disturbance under paragraph (B)(10)(d)(v) of this rule.
(vi) "Hearing impairment " means an
impairment in hearing, whether permanent or fluctuating, that adversely affects
a child's educational performance but that is not included under the definition
of deafness in this rule.
(vii)
"Multiple disabilities " means concomitant impairments (such as intellectual
disability blindness or intellectual disability orthopedic impairment ), the
combination of which causes such severe educational needs that they cannot be
accommodated in special education programs solely for one of the impairments.
"Multiple disabilities " does not include deaf-blindness .
(viii) "Orthopedic impairment " means a severe
orthopedic impairment that adversely affects a child's educational performance.
The term includes impairments caused by a congenital anomaly, impairments
caused by disease (e.g., poliomyelitis, bone tuberculosis), and impairments
from other causes (e.g., cerebral palsy, amputations, and fractures or burns
that cause contractures).
(ix)
"Other health impairment " means having limited strength, vitality, or
alertness, including a heightened alertness to environmental stimuli, that
results in limited alertness with respect to the educational environment, that:
(a) Is due to chronic or
acute health problems such as asthma, attention deficit disorder or attention
deficit hyperactivity disorder, diabetes, epilepsy, a heart condition,
hemophilia, lead poisoning, leukemia, nephritis, rheumatic fever, sickle cell
anemia, and tourette syndrome; and
(b) Adversely affects a
child's educational performance.
(x) Specific learning disability .
(a) General. "Specific
learning disability " means a disorder in one or more of the basic psychological
processes involved in understanding or in using language, spoken or written,
that may manifest itself in the imperfect ability to listen, think, speak,
read, write, spell, or to do mathematical calculations, including conditions
such as perceptual disabilities, brain injury, minimal brain dysfunction,
dyslexia, and developmental aphasia.
(b) Disorders not included.
Specific learning disability does not include learning problems that are
primarily the result of visual, hearing, or motor disabilities, of intellectual
disability , of emotional disturbance , or of environmental, cultural, or
economic disadvantage.
(xi) "Speech or language impairment " means a
communication disorder, such as stuttering, impaired articulation, a language
impairment, or a voice impairment, that adversely affects a child's educational
performance.
(xii) "Traumatic brain
injury " means an acquired injury to the brain caused by an external physical
force or by other medical conditions, including but not limited to stroke,
anoxia, infectious disease, aneurysm, brain tumors and neurological insults
resulting from medical or surgical treatments. The injury results in total or
partial functional disability or psychosocial impairment or both, that
adversely affects a child's educational performance. The term applies to open
or closed head injuries, as well as to other medical conditions that result in
acquired brain injuries. The injuries result in impairments in one or more
areas such as cognition; language; memory; attention; reasoning; abstract
thinking; judgment; problem-solving; sensory, perceptual, and motor abilities;
psychosocial behavior; physical functions; information processing; and speech.
The term does not apply to brain injuries that are congenital or degenerative,
or to brain injuries induced by birth trauma. This definition replaces the
definition of traumatic brain injury in
34 C.F.R.
300.8(c)(12) and shall be
used instead whenever the federal regulations at 34 C.F.R. Part 300, state
statutes at Chapter 3323. of the Revised Code, or the state rules in Chapter
3301-51 of the Administrative Code refer to traumatic brain injury .
(xiii) "Visual impairment " including
blindness means an impairment in vision that, even with correction, adversely
affects a child's educational performance.
(a) The term visual
impairment includes both partial sight and blindness;
(b) The term "visual
impairment " does not include a disorder in one or more of the basic
psychological processes, such as perceptual disabilities, brain injury, minimal
brain dysfunction, dyslexia, and developmental aphasia.
(11) "Community school "
means a public school, created in accordance with Chapter 3314. of the Revised
Code. Community schools shall be considered school districts for the purposes
of this chapter of the Administrative Code.
(12) "Consent " means that:
(a) The parent has been fully informed of all
information relevant to the activity for which consent is sought, in the
parent 's native language , or other mode of communication;
(b) The parent understands and agrees in
writing to the carrying out of the activity for which the parent 's consent is
sought, and the consent describes that activity and lists the records (if any)
that will be released and to whom; and
(i)
The parent understands that the granting of consent is voluntary on the part of
the parent and may be revoked at anytime.
(ii) If a parent revokes consent , that
revocation is not retroactive (i.e., it does not negate an action that has
occurred after the consent was given and before the consent was
revoked).
(13) "Coordinate Transition Services " means:
(a) Facilitate a planning process among
multiple agencies, students and families to support a student's secondary
transition process;
(b) Plan for
the collection, sharing and utilization of student's transition data that is
relevant to the student's post school outcomes, environment and support
needs;
(c) Communicate a student's
individual transition plan to students, families, educators and
agencies;
(d) Coordinate the
implementation of research-based practices that lead to effective postsecondary
transition services and outcomes;
(e) Utilize methods to engage students and
families in the secondary transition process;
(f) Assist in the coordination of referral
process from school to adult services systems;
(g) Link appropriate course of study and
instruction strategies to secondary transition related goals; and
(h) Create strategies that support the career
development pathways of students with disabilities leading to career and
college readiness.
(14)
"County board of developmental disabilities " means a county board of
developmental disabilities as provided by section
5126.02 of the Revised
Code.
(15) "Day " means calendar day
unless otherwise indicated as business day or school day .
(a) "Business day " means Monday through
Friday, except for federal and state holidays (unless holidays are specifically
included in the designation of business day ).
(b) "School day " means any day , including a
partial day that children are in attendance at school for instructional
purposes. School day has the same meaning for all children in school, including
children with and without disabilities.
(16) "Destruction " means physical destruction
or removal of personal identifiers from information so that the information is
no longer personally identifiable .
(17) "Education records " means the type of
records covered under the definition of "education records " in 34 C.F.R. Part
99 (the regulations implementing the Family Educational Rights and Privacy Act
of 1974, August 1974, 20
U.S.C. 1232g (FERPA)). Under that definition,
the term "education records " means those records that are directly related to a
student and are maintained by an educational agency or institution or by a
party acting for the agency or institution. The term does not include the type
of records which are listed and described as records excluded from that
definition under 34 C.F.R.
99.3(b)(1) to
34 C.F.R.
99.3(b)(5).
(18) "Educational agency " means:
(a) School districts, including school
districts of service, open enrollment school districts, community schools, the
Ohio department of youth services, and joint vocational school
districts;
(b) Juvenile justice
facilities, educational service centers, county boards of developmental
disabilities; and
(c) Any
department; division; bureau; office; institution; board; commission;
committee; authority; or other state or local agency, other than a school
district or an agency administered by the department of developmental
disabilities, that provides or seeks to provide special education or related
services to children with disabilities, unless Chapter 3323. of the Revised
Code, or a rule adopted by the state board of education specifies that another
school district , other educational agency , or other agency, department, or
entity is responsible for ensuring compliance with Part B of the
IDEA .
(19) "Elementary
school " means a nonprofit institutional day or residential school, including an
elementary community school , that provides elementary education, as determined
under state law.
(20) "Equipment "
means:
(a) Machinery, utilities, and built-in
equipment , and any necessary enclosures or structures to house the machinery,
utilities, or equipment ; and
(b)
All other items necessary for the functioning of a particular facility as a
facility for the provision of educational services, including items such as
instructional equipment and necessary furniture; printed, published and
audio-visual instructional materials; telecommunications, sensory, and other
technological aids and devices; and books, periodicals, documents, and other
related materials.
(21)
"Evaluation " means procedures used in accordance with rule
3301-51-06 of the Administrative
Code for evaluations to determine whether a child has a disability and the
nature and extent of the special education and related services that the child
needs.
(22) "Evaluation team " means
the parents and a group of qualified professionals.
(23) "Evaluation team for a child suspected
of having a specific learning disability " means the parents and a group of
qualified professionals, which must include :
(a) The child's regular teacher; or
(b) If the child does not have a regular
education teacher, a regular classroom teacher qualified to teach a child of
the child's age; or
(c) For a child
of less than school-age, an individual qualified by the Ohio department of
education to teach a child of the child's age; and
(d) At least one person qualified to conduct
individual diagnostic examinations of children, such as a school psychologist,
speech-language pathologist, or remedial teacher.
(24) "Re-evaluation team " means the IEP team
and other qualified professionals.
(25) "Excess costs " means those costs that
are in excess of the average annual perstudent expenditure in a school district
during the preceding school year for an elementary school or secondary school
student, as may be appropriate, and that must be computed after deducting:
(a) Amounts received:
(i) Under Part B of the IDEA ;
(ii) Under Part A of Title I of the
Elementary and Secondary Education Act of 1965,
20 U.S.C.
6301 (ESEA); and
(iii) Under Parts A and B of Title III of the
ESEA and;
(b) Any state
or local funds expended for programs that would qualify for assistance under
any of the acts described in paragraph (B)(25)(a) of this rule, but excluding
any amounts for capital outlay or debt service. (See appendix A to Part 300 of
the IDEA for an example of how excess costs must be calculated.)
(26) "Free appropriate public
education " or FAPE means special education and related services that:
(a) Are provided at public expense, under
public supervision and direction, and without charge;
(b) Meet the standards of the Ohio department
of education, including the requirements of this rule;
(c) Include an appropriate preschool,
elementary school , or secondary school education in the state involved;
and
(d) Are provided in conformity
with an IEP that meets the requirements of rule
3301-51-07 of the Administrative
Code for individualized education programs.
(27) "General curriculum " refers to the same
curriculum that is used with children without disabilities.
(28) "General education " means a learning
environment that provides a community of students with the opportunity to
acquire skills and knowledge necessary to meet state and local performance
objectives.
(29) "Homeless
children " has the meaning given the term homeless children and youths in
Section 725 (42 U.S.C.
11434a) of the McKinney-Vento Homeless
Assistance Act .
(30) "Include "
means that the items named are not all of the possible items that are covered,
whether like or unlike the ones named.
(31) "Independent educational evaluation "
means an evaluation conducted by a qualified examiner who is not employed by
the educational agency responsible for the education of the child in
question.
(32) "Individualized
education program " or IEP means a written statement for a child with a
disability that is developed, reviewed, and revised in accordance with rule
3301-51-07 of the Administrative
Code.
(33) "Individualized
education program team " or IEP team means a group of individuals described in
paragraph (F) of rule
3301-51-07 of the Administrative
Code that is responsible for developing, reviewing, or revising an IEP for a
child with a disability .
(34)
"Institution of higher education ":
(a) Has the
meaning given the term in Section 101 of the Higher Education Act of 1965, as
amended and specified in the Higher Education Amendments of 1998, January 1998,
20 U.S.C.
1021 (HEA); and
(b) Also includes any community college
receiving funds from the secretary of the interior under the Tribally
Controlled Community College or University Assistance Act of 1978 (renamed
Tribally Controlled College or University Assistance Act of 1978), October
1978, 25 U.S.C.
1801.
(35) "Instructional Materials and
Technologies " includes "electronic book" as defined in division (C) of section
3329.01(C) of
the Revised Code.
(36) "Limited
English proficient " has the meaning given the term in Section 9101(25) of the
Elementary and Secondary Education Act of 1965 (ESEA).
(37) "Math Markup Language 3 " means the
technical standard for the creation of valid XML source files containing
mathematical and scientific content.
(38) "National Instructional Materials Access
Center (NIMAC) " means the national repository established at the American
printing house for the blind, inc. (APH) that contains NIMAS file
sets.
(39) "National Instructional
Materials Accessibility Standard (NIMAS) ", including Math Markup Language,
means the technical standard used by publishers to produce source files for use
in creating multiple specialized formats, including braille , large print,
digital text and audio.
(40) Native
language :
(a) When used with respect to an
individual who is limited English proficient , "native language " means the
following:
(i) The language normally used by
that individual, or, in the case of a child, the language normally used by the
parents of the child, except as provided in paragraph (B)(40)(a)(ii) of this
rule.
(ii) In all direct contact
with a child (including evaluation of the child), the language normally used by
the child in the home or learning environment.
(b) For an individual with deafness or
blindness, or for an individual with no written language, the mode of
communication is that normally used by the individual (such as sign language,
braille , or oral communication).
(41) "Non-chartered nonpublic school " means a
school, that is not chartered or seeking a charter from the state board of
education because of truly held religious beliefs.
(42) "Nonpublic school " means a private
school which is recognized by the Ohio department of education as either a
chartered school as defined in section
3301.16 of the Revised Code or a
non-chartered school as described in rule
3301-35-08 of the Administrative
Code.
(43) "Objective " means a
smaller, more manageable learning task that a child must master as a step
toward achieving an annual goal. Objectives break the skills described in the
annul goal into discrete components that, when mastered, allow the child to
successfully obtain the goal.
(44)
"Other educational agency " means a joint vocational school district ;
department; division; bureau; office; institution; board; commission;
committee; authority; or other state or local agency, other than a school
district or an agency administered by the department of developmental
disabilities, that provides or seeks to provide special education or related
services to children with disabilities.
(45) "Other health impairment - major " means
a child whose condition meets the definition of "other health impairment " and
either of the following apply:
(a) The child
is identified as having a medical condition that is among those listed by the
superintendent of public instruction as conditions where a substantial majority
of cases fall within the definition of "medically fragile child;" or
(b) The child is determined by the
superintendent of public instruction to be a medically fragile child as defined
in division (I) of section
3317.02 of the Revised
Code.
(46) "Other health
impairment - minor " means a child whose condition meets the definition of
"other health impairment " and whose condition does not meet either of the
conditions specified in division (W)(1)(a) or (W)(1)(b) of section
3317.02 of the Revised
Code.
(47) "Paraprofessional
services " include services provided by educational agency employees who are
adequately trained to assist in the provision of special education to children
with disabilities. Paraprofessionals work under the supervision of teachers,
intervention specialists, and/or related service providers. Other titles used
to identify these service providers include teacher assistants, educational
aides, school psychology aides, occupational therapy assistants, physical
therapist assistants, and job coaches.
(48) "Parent " means:
(a) A biological or adoptive parent of a
child but not a foster parent of a child;
(b) A guardian generally authorized to act as
the child's parent , or authorized to make educational decisions for the child
(but not the state if the child is a ward of the state );
(c) An individual acting in the place of a
biological or adoptive parent (including a grandparent, stepparent, or other
relative) with whom the child lives, or an individual who is legally
responsible for the child's welfare; or
(d) A surrogate parent who has been appointed
in accordance with rule
3301-51-05 of the Administrative
Code;
(e) Except as provided in
paragraph (B)(48)(f) of this rule, the biological or adoptive parent , when
attempting to act as the parent under this rule and when more than one party is
qualified under this rule to act as a parent , must be presumed to be the parent
for purposes of this chapter of the Administrative Code unless the biological
or adoptive parent does not have legal authority to make educational decisions
for the child;
(f) If a judicial
decree or order identifies a specific person or persons under paragraphs
(B)(48)(a) to (B)(48)(c) of this rule to act as the parent of a child or to
make educational decisions on behalf of a child, then such person or persons
shall be determined to be the parent for purposes of this rule.
(49) "Parent training and
information center " means a center assisted under Sections 671 or 672 of the
IDEA .
(50) "Parentally placed
nonpublic school children with disabilities" means children with disabilities
enrolled by their parents in nonpublic, including religious, schools or
facilities that meet the definition of elementary school or secondary school in
this rule, other than children with disabilities in nonpublic schools who are
placed or referred by public agencies.
(51) "Participating agency " means any agency
or institution that collects, maintains, or uses personally identifiable
information, or from which information is obtained, under Part B of the
IDEA .
(52) "Personally
identifiable " means information that contains:
(a) The name of the child, the child's
parent , or other family member;
(b)
The address of the child;
(c) A
personal identifier, such as the child's social security number or student
number; or
(d) A list of personal
characteristics or other information that would make it possible to identify
the child with reasonable certainty.
(53) "Public agency " includes the school
districts, county boards of developmental disabilities, other educational
agencies, community schools and any other political subdivisions of the state
that are responsible for providing education to children with
disabilities.
(54) "Qualified
personnel " means personnel who have met Ohio department of education-approved
or Ohio department of education-recognized certification, licensing, or other
comparable requirements that apply to the area in which the individuals are
providing special education or related services .
(55) "Referral " means the date the public
school district or community school receives a parent 's, school district 's, or
other educational agency 's request for an initial evaluation or
reevaluation.
(56) "Related
services " means transportation and such developmental, corrective, and other
supportive services as are required to assist a child with a disability to
benefit from special education , and includes speech-language pathology and
audiology services, interpreting services , psychological services, physical and
occupational therapy, recreation , including therapeutic recreation , early
identification and assessment of disabilities in children, counseling services ,
including rehabilitation counseling, orientation and mobility services, and
medical services for diagnostic or evaluation purposes. Related services also
include school health services and school nurse services, social work services
in schools , and parent counseling and training .
(a) Exception; services that apply to
children with surgically implanted devices, including cochlear implants.
(i) Related services do not include a medical
device that is surgically implanted, the optimization of that device's
functioning (e.g., mapping), maintenance of that device, or the replacement of
that device.
(ii) Nothing in
paragraph (B)(56)(a)(i) of this rule:
(a) Limits the right of a
child with a surgically implanted device (e.g., cochlear implant) to receive
related services (as listed in this rule) that are determined by the IEP team
to be necessary for the child to receive FAPE.
(b) Limits the
responsibility of a school district to appropriately monitor and maintain
medical devices that are needed to maintain the health and safety of the child,
including breathing, nutrition, or operation of other bodily functions, while
the child is transported to and from school or is at school; or
(c Prevents the routine
checking of an external component of a surgically-implanted device to make sure
it is functioning properly, as required in rule
3301-51-02 of the Administrative
Code.
(b)
Individual related services terms defined. The terms used in this rule are
defined as follows:
(i) "Attendant services "
are those that assist children with disabilities with personal health care
needs.
(ii) "Audiology " includes:
(a) Identification of
children with hearing loss;
(b) Determination of the
range, nature, and degree of hearing loss, including referral for medical or
other professional attention for the habilitation of hearing;
(c) Provision of
habilitative activities, such as language habilitation, auditory training,
speech reading (lip-reading), hearing evaluation , and speech
conservation;
(d)
Creation and administration of programs for prevention of hearing
loss;
(e)
Counseling and guidance of children, parents, and teachers regarding hearing
loss; and
(f)
Determination of children's needs for group and individual amplification,
selecting and fitting an appropriate aid, and evaluating the effectiveness of
amplification.
(iii)
"Counseling services " means services provided by qualified social workers,
psychologists, guidance counselors, or other qualified personnel .
(iv) "Early identification and assessment of
disabilities in children" means the implementation of a formal plan for
identifying a disability as early as possible in a child's life.
(v) "Interpreting services " includes:
(a) The following, when used
with respect to children who are deaf or hard of hearing: oral transliteration
services, cued language transliteration services, sign language transliteration
and interpreting services , and transcription services, such as "communication
access real-time translation (CART)," "C-Print," and "TypeWell"; and
(b) Special interpreting
services for children who are deaf-blind.
(vi) "Medical services " means services
provided by a licensed physician to determine a child's medically related
disability that results in the child's need for special education and related
services .
(vii) "Occupational
therapy"
(a) Means services
provided by a qualified occupational therapist licensed under Chapter 4755. of
the Revised Code; and
(b) Includes:
(i) Improving, developing, or restoring
functions impaired or lost through illness, injury, or deprivation;
(ii) Improving ability to perform tasks for
independent functioning if functions are impaired or lost; and
(iii) Preventing, through early intervention,
initial or further impairment or loss of function.
(viii) "Occupational therapy
assistant services " means services provided by an occupational therapy
assistant licensed under Chapter 4755. of the Revised Code and includes
assisting in the practice of occupational therapy under the direction and
supervision of an occupational therapist.
(ix) "Orientation and mobility services":
(a) Means services provided
to blind or visually impaired children by qualified personnel to enable those
students to attain systematic orientation to and safe movement within their
environments in school, home, and community; and
(b) Includes teaching
children the following, as appropriate:
(i)
Spatial and environmental concepts and use of information received by the
senses (such as sound, temperature and vibrations) to establish, maintain, or
regain orientation and line of travel (e.g., using sound at a traffic light to
cross the street);
(ii) To use the
long cane or a service animal to supplement visual travel skills or as a tool
for safely negotiating the environment for children with no available travel
vision;
(iii) To understand and use
remaining vision and distance low vision aids; and
(iv) Other concepts, techniques, and
tools.
(x)
"Parent counseling and training " means:
(A)
Assisting parents in understanding the special needs of their child;
(B) Providing parents with information about
child development; and
(C) Helping
parents to acquire the necessary skills that will allow them to support the
implementation of their child's IEP.
(xi) "Physical therapy " means services
provided by a qualified physical therapist licensed under Chapter 4755. of the
Revised Code.
(xii) "Physical
therapist assistant services " means services provided by a physical therapist
assistant licensed under Chapter 4755. of the Revised Code who performs such
services under the direction and supervision of a physical therapist.
(xiii) "Psychological services"
(a) Include but are not
limited to:
(i) Administering psychological
and educational tests, and other assessment procedures;
(ii) Interpreting assessment
results;
(iii) Obtaining,
integrating, and interpreting information about child behavior and conditions
relating to learning;
(iv)
Consulting with other staff members to plan and develop school programs and
interventions to meet the educational needs or special education needs of
children or groups of children as indicated by psychological tests, interviews,
direct observation, and behavioral evaluations;
(v) Conducting and monitoring
interventions;
(vi) Diagnosing
psychological disorders that effect learning and/or behavior;
(vii) Planning and managing a program of
psychological services, including psychological counseling for children and
parents;
(viii) Participating in
the provision of a program of mental health services; and
(ix) Assisting in developing positive
behavioral intervention strategies.
(a) The services of a school
psychology aide shall be under the direct supervision of a school
psychologist.
(b)
The school psychologist intern program shall be organized under guidelines
approved by the Ohio department of education, office for exceptional
children.
(xiv) "Reader
services " means assisting learners with visual impairments by orally reading
written materials.
(xv)
"Recreation " includes:
(a)
Assessment of leisure function;
(b) Therapeutic recreation
services;
(c)
Recreation programs in schools and community agencies; and
(d) Leisure
education.
(xvi)
"Rehabilitation counseling services " means services provided by qualified
personnel in individual or group sessions that focus specifically on career
development, employment preparation, achieving independence, and integration in
the workplace and community of a student with a disability. The term also
includes vocational rehabilitation services provided to a student with a
disability by vocational rehabilitation programs funded under the
Rehabilitation Act of 1973, as amended and specified in the Rehabilitation Act
Amendments of 1998, August 1998,
29 U.S.C.
701.
(xvii) "School health services and school
nurse services" means health services that are designed to enable a child with
a disability to receive FAPE as described in the child's IEP. School nurse
services are services provided by a qualified school nurse. School health
services are services that may be provided by either a qualified school nurse
or other qualified person.
(xviii)
"Social work services in schools " includes:
(a) Preparing a social or
developmental history on a child with a disability ;
(b) Group and individual
counseling with the child and family;
(c) Working in partnership
with parents and others on those problems in a child's living situation (home,
school, and community) that affect the child's adjustment in school;
(d) Mobilizing school and
community resources to enable the child to learn as effectively as possible in
the child's educational program; and
(e) Assisting in developing
positive behavioral intervention strategies.
(xix) "Speech-language pathology services "
includes:
(a) Identification
of children with speech or language impairments;
(b) Diagnosis and appraisal
of specific speech or language impairments;
(c) Referral for medical or
other professional attention necessary for the habilitation of speech or
language impairments;
(d) Provision of speech and
language services for the habilitation or prevention of communicative
impairments; and
(e) Counseling and guidance
of parents, children, and teachers regarding speech and language
impairments.
(xx)
"Transportation " includes:
(a) Travel to and from
school and between schools;
(b) Travel in and around
school buildings; and
(c) Specialized equipment
(such as special or adapted buses, lifts, and ramps), if required to provide
special transportation for a child with a disability .
(57) "School district "
means a city, local, exempted village school district , or a community
school .
(58) "School district of
residence " means:
(a) The school district in
which the child's parents reside;
(b) If the child is enrolled in a community
school , the community school is considered to be the "school district of
residence ";
(c) If the school
district specified in paragraph (B)(58)(a) or (B)(58)(b) of this rule cannot be
determined, the last school district in which the child's parents are known to
have resided if the parents' whereabouts are unknown;
(d) If the school district specified in
paragraph (B)(58)(c) of this rule cannot be determined, the school district
determined by the court 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.
(e) Notwithstanding paragraphs (B)(58)(a) to
(B)(58)(d) 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 .
(59) "School
district of service " means a school district that is responsible for serving a
child with a disability who resides within another school district .
(60) "Secondary school " means a nonprofit
institutional day or residential school, including a secondary community school
that provides secondary education, as determined under state law, except that
it does not include any education beyond grade twelve.
(61) "Services plan " means a written
statement that describes the special education and related services the school
district will provide to a parentally placed child with a disability enrolled
in a nonpublic school who has been designated to receive services, including
the location of the services and any transportation necessary, consistent with
rule 3301-51-08 of the Administrative
Code, and is developed and implemented in accordance with rule
3301-51-08 of the Administrative
Code.
(62) Special education :
(a) General.
(i) "Special education " means specially
designed instruction , at no cost to the parents, to meet the unique needs of a
child with a disability , including:
(a) Instruction conducted in
the classroom, in the home, in hospitals and institutions, and in other
settings; and
(b)
Instruction in physical education .
(ii) Special education includes each of the
following, if the services otherwise meet the requirements of paragraph
(B)(62)(a)(i) of this rule:
(a) Speech-language
pathology services , or any other related service, if the IEP team considers the
service special education rather than a related service under state
standards;
(b)
Travel training ; and
(c) Vocational
education .
(b) Individual special education terms
defined. The terms in this rule are defined as follows:
(i) "At no cost " means that all
specially-designed instruction is provided without charge, but does not
preclude incidental fees that are normally charged to non disabled students or
their parents as a part of the regular education program.
(ii) "Physical education " means:
(a) The development of:
(i) Physical and motor fitness;
(ii) Fundamental motor skills and patterns;
and
(iii) Skills in aquatics,
dance, and individual and group games and sports (including intramural and
lifetime sports); and
(b) Includes special
physical education , adapted physical education , movement education, and motor
development.
(iii)
"Specially designed instruction " means adapting, as appropriate to the needs of
an eligible child under this rule, the content, methodology, or delivery of
instruction:
(a) To address
the unique needs of the child that result from the child's disability;
and
(b) To ensure
access of the child to the general curriculum , so that the child can meet the
educational standards within the jurisdiction of the school district that apply
to all children.
(iv)
"Travel training " means providing instruction, as appropriate, to children with
significant cognitive (intellectual) disabilities, and any other children with
disabilities who require this instruction, to enable them to:
(a) Develop an awareness of
the environment in which they live; and
(b) Learn the skills
necessary to move effectively and safely from place to place within that
environment (e.g., in school, in the home, at work, and in the
community).
(v)
"Vocational education " means organized educational programs that are directly
related to the preparation of individuals for paid or unpaid employment, or for
additional preparation for a career not requiring a baccalaureate or advanced
degree.
(63)
"Supervisory and coordinator services " includes providing information and
explanation to all personnel who provide special education and related services
to children with disabilities regarding state and federal laws, recommended
practice, and other topics essential for the delivery of services to children
with disabilities; helping school district personnel evaluate the effectiveness
of special education and related services ; and providing in-service education
to parents and personnel involved in educating children with disabilities.
Supervisory personnel as required by paragraph (D)(2) of rule
3301-24-05 of the Administrative
Code and in compliance with each educational agency 's approved board
policies.
(64) "State residential
school " means publicly funded residential educational services that are
provided under the supervision of the Ohio department of education, including
the Ohio school for the deaf and the Ohio state school for the blind.
(65) "Supplementary aids and services " means
aids, services, and other supports that are provided in regular education
classes, other education-related settings, and in extracurricular and
nonacademic settings, to enable children with disabilities to be educated with
non disabled children to the maximum extent appropriate in accordance with the
requirements for least restrictive environment in rule
3301-51-09 of the Administrative
Code.
(66) "Surrogate Parent " means
a trained individual (see division (C)(5) of section
3310.51 of the Revised Code and
rule 3301-51-01 of the Administrative
Code) who acts in the place of the parent (as defined in Ohio Revised Code or
Ohio Administrative Code) to make educational decisions on behalf of children
who are or may be eligible for special education services under the Individuals
with Disabilities Education Act (IDEA ) in all matters relating to the
identification, evaluation , educational placement, and provision of a free
appropriate public education (FAPE).
(67) "Textbook " means textbooks, including
related core instructional material, available for purchase by a school board,
including new editions to a series or volume of that textbook .
(68) "Transition from Part C early
intervention services" means the transition of children from the Part C
programs to preschool programs as specified in rule
3301-51-11 of the Administrative
Code.
(69) "Transition services":
(a) Means a coordinated set of activities for
a child with a disability that:
(i) Is
designed to be within a results-oriented process, that is focused on improving
the academic and functional achievement of the child with a disability to
facilitate the child's movement from school to post-school activities,
including postsecondary education, vocational education , integrated employment
(including supported employment), continuing and adult education, adult
services, independent living, or community participation;
(ii) Is based on the individual child's
needs, taking into account the child's strengths, preferences, and interests;
and includes:
(a)
Instruction;
(b)
Related services ;
(c) Community
experiences;
(d)
The development of employment in an integrated competitive environment and
other post-school adult living objectives; and
(e) When assessment data
supports a need, acquisition of daily living skills and provision of a
functional vocational evaluation .
(b) Shall be provided by individuals who have
the competencies, experiences, and training to meet the individual student's
transition services needs. Individuals coordinating transition shall either:
(i) Obtain the transition to work
endorsement; or
(ii) Possess the
skills and knowledge to:
(a)
Facilitate a planning process among multiple agencies, students and families to
support a student's secondary transition process;
(b) Plan for the collection,
sharing and utilization of student's transition data that is relevant to the
student's post school outcomes, environment and support needs;
(c) Communicate a student's
individual transition plan to students, families, educators and
agencies;
(d)
Coordinate the implementation research based practices that lead to effective
postsecondary transition services and outcomes;
(e) Utilize methods to
engage students and families in the secondary transition process;
(f) Assist in the
coordination of referral process from school to adult services
systems;
(g) Link
appropriate course of study and instruction strategies to secondary transition
related goals; and
(h) Create strategies that
support the career development pathways of students with disabilities leading
to career and college readiness.
(c) Transition services for children with
disabilities may be special education , if provided as specially designed
instruction , or a related service, if required to assist a child with a
disability to benefit from special education .
(d) Competitive environment means competitive
employment in an integrated setting.
(e) Competitive integrated employment as
defined by 34 CFR 361(c)(9), means work that:
(i) In the competitive labor market that is
performed on a full-time or parttime basis in an integrated setting;
and
(ii) For which an individual is
compensated at or above the minimum wage, but not less than the customary wage
and level of benefits paid by the employer for the same or similar work
performed by individuals who are not disabled.
(f) Integrated setting as defined by
34 CFR
361.5(33)(ii) and used in
the context of employment outcomes, means a setting typically found in the
community in which applicants or eligible individuals interact with
non-disabled individuals, other than non-disabled individuals who are providing
services to those applicants or eligible individuals, to the same extent that
non-disabled individuals in a comparable positions interact with other
persons.
(70) "Universal
design " has the meaning given the term in Section 3 of the Assistive Technology
Act of 1998, as amended and specified in the Assistive Technology Act of 2004,
October 2004, 29 U.S.C.
3002.
(71) "Ward of the state " means a child who,
as determined by the state where the child resides, is:
(a) A foster child;
(b) A ward of the state ; or
(c) In the custody of a public child welfare
agency.
Notes
Promulgated Under: 119.03
Statutory Authority: 3323.01, 3301.07(J), 3323.02, 3323.07
Rule Amplifies: 3323.01, 3301.07(J), 3323.02, 3323.07
Prior Effective Dates: 07/01/1982, 07/01/2002, 07/01/2008, 07/01/2014, 07/01/2023
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