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 free appropriate public
education (FAPE), as provided by Part B of the Individuals with Disabilities
Education Act, as amended by the Individuals with Disabilities Education
Improvement Act of 2004 (IDEA) at
20 U.S.C.
1400 (
Public
Law 108-446 of the 108th Congress, December 3,
2004), related federal regulations at 34 C.F.R. Part 300 (October 13, 2006),
Chapter 3323. of the Revised Code, the provisions of this chapter of the
Administrative Code, and applicable state policies, procedures, and guidelines
issued by the superintendent of public instruction.
(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 mental retardation and developmental disabilities
(county board of MR/DD
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 school district, county board of MR/DD
(5)
Plan
Each school district, county board of
MR/DD
MR/DD
MR/DD
(6) Documentation and information
The superintendent of public instruction may require a state
agency, school district, county board of MR/DD
(a) A school district, county
board of MR/DD
DD , or other 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) A school district, county
board of MR/DD
DD , or other educational agency must make available to
parents of children with disabilities and to the general public all documents
relating to the eligibility of the school district, county board of
MR/DD
DD , or
other educational agency under Part B of the IDEA.
(c) A school district, county board of
MR/DD
DD , or
other educational agency must cooperate in the secretary's efforts under
section 1308 of the Elementary and Secondary Education Act of 1965, as amended
and specified in the No Child Left Behind Act of 2001, January 2002,
20 U.S.C.
6301 (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 a
state agency, school district, county board of MR/DD
(a) Notify the state agency, school district,
county board of MR/DD
DD , or other educational agency of that determination;
and
(b) Provide the state agency,
school district, county board of MR/DD
DD , or other 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 a state agency, school
district, county board of MR/DD
(a) The superintendent of public instruction
must reduce or must not provide any further payment to the state agency, school
district, county board of MR/DD
DD , or other educational agency until the state
superintendent is satisfied that the state agency, school district, county
board of MR/DD
DD , or other educational agency is complying with that
requirement.
(b) Any state agency,
school district, county board of MR/DD
DD , or other 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 state
agency, school district, county board of MR/DD
DD , or other
educational agency.
(B) Definitions
(22)
(24) "Excess costs"
means those costs that are in excess of the average annual per-student
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:
(23)
(25) "Free
appropriate public education" or FAPE means special education and related
services that:
(24)
(26) "General curriculum" refers to the same
curriculum that is used with children without disabilities.
(25)
(27)
"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.
(26) "Help Me Grow" means a system of early
intervention services for infants and toddlers with disabilities which are
provided, in accordance with Part C of the IDEA, federal regulations, state
law, and state rules, by the lead agency selected by the governor of the
state.
(27)
(29) Highly qualified special education teacher:
(28)
(30) "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, as amended and specified in Title X, Part C, of the No
Child Left Behind Act of 2001, January 2002,
42 U.S.C.
11431.
(29)
(31) "Include" means that the items named are not all
of the possible items that are covered, whether like or unlike the ones
named.
(30)
(32) "Independent educational evaluation" means an
evaluation conducted by a qualified examiner who is not employed by the school
district responsible for the education of the child in question.
(31)
(33)
"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.
(32)
(34) "Individualized
education program team" or IEP team means a group of individuals described in
paragraph (I) 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.
(33)
(35) "Institution of
higher education":
(34)
(36)
"Itinerant services for a preschool child with a
disability
who is eligible for special
education services " means services provided by intervention specialists
or related services personnel which occur in the setting where the child, the
child and parent(s), or the child and caregiver are located as opposed to
services provided at a centralized location.
(35)
(37) "Limited English
proficient" has the meaning given the term in Section 9101(25) of the
Elementary and Secondary Education Act of 1965, as amended and reauthorized by
the No Child Left Behind Act of 2001, January 2002,
20 U.S.C.
6301 (ESEA).
(36)
(38) Native language:
(37)
(39) "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. Such
school shall annually certify in a report to the parents of its pupils that the
school meets Ohio minimum standards for non-chartered, non-tax supported
schools cited in the "Operating Standards for Ohio's Elementary and Secondary
Schools" in paragraphs (A) to (H) of rule
3301-35-12
of the Administrative Code.
(38)
(40) "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. This definition shall apply whenever the term
"private school" is used in the federal regulations at 34 C.F.R. Part 300
(October 13, 2006) or whenever the term "nonpublic school" is used in this
chapter of the Administrative Code or in guidelines issued by the Ohio
department of education for each school district to provide equitable services
for children who are attending nonpublic schools located within the school
district.
(39)
(41) "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.
(40)
(42) "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
mental retardation and developmental
disabilities, that provides or seeks to provide special education or related
services to children with disabilities.
(41)
(43)
"Paraprofessional services" include services provided by school, county board
of MR/DD
DD ,
and other educational agency employees who are adequately trained to assist in
the provision of special education and related services 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.
(42)
(44) "Parent" means:
(43)
(45) "Parent mentor"
means a parent of a child with a disability employed by a school district to
assist education personnel and families by providing training, support, and
information services.
(44)
(46) "Parent training
and information center" means a center assisted under Sections 671 or 672 of
the IDEA.
(45)
(47) "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.
(46)
(48) "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.
(47)
(49) "Personally identifiable" means information that
contains:
(48)
(50) "Preschool child
with a disability
who is eligible for special education services " means
a child who:
(49)
(51)
"Public agency" includes the school districts, county boards of
mental retardation and 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.
(50)
(52) "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.
(51)
(53) "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.
(52)
(54) "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.
(53)
(55) "School
district" means a city, local, exempted village school district, or a community
school.
(54)
(56) "School district of residence" means:
(55)
(57) "Scientifically
based research" has the meaning given the term in Section 9101(37) of the
Elementary and Secondary Education Act of 1965, as amended and reauthorized by
the No Child Left Behind Act of 2001, January 2002,
20 U.S.C.
6301 (ESEA).
(56)
(58) "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.
(57)
(59) "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.
(58)
(60) Special
education:
(59)
(61) "Special class
or center based services for a preschool child with
a disability
who is eligible for special
education services " means a classroom program that provides group
educational experiences to children of similar ages or developmental levels on
a regularly scheduled basis and in a central location.
(60)
(62)
"Supervisory and coordinator services" includes providing information and
explanation regarding state and federal laws, recommended practice, and other
topics essential for the delivery of services to learners 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.
(61)
(63)
"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 nondisabled children to the maximum extent
appropriate in accordance with the requirements for least restrictive
environment in rule
3301-51-09
of the Administrative Code.
(62)
(64) "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.
(63)
(65) "Transition
services":
(b)
(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.
(64)
(66) "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.
(65)
(67) "Ward of the
state" means a child who, as determined by the state where the child resides,
is:
The following terms are defined as they are used in rules 3301-51-01 to 3301-51-09 and 3301-51-11 of the Administrative Code:
(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 full time equivalency for ratios or
funding.
(8) "Charter school" or
"community school" has the meaning given the term in Section 5210(1) of the
Elementary and Secondary Education Act of 1965, as amended and reauthorized by
the No Child Left Behind Act of 2001, January 2002,
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 cited in the
"Operating Standards for Ohio's Elementary and Secondary Schools" (February
2006) in rule
3301-35-12
of the Administrative Code.
(10)
"Child with a disability" means a child evaluated in accordance with rule
3301-51-06 of the
Administrative Code as having a
cognitive
an intellectual disability
(mental retardation), 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), 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)(58) 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 years who are experiencing developmental delays. "Child with a
disability" for children aged three through five 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) "Cognitive
Intellectual
disability" (mental retardation) means significantly subaverage general
intellectual functioning, existing concurrently with deficits in adaptive
behavior and manifested during the developmental period, that adversely affects
a child's educational performance. This definition replaces the definition of
mental retardation in
34 C.F.R.
300.8(c)(6) (October 13,
2006) and shall be used instead whenever the federal regulations at 34 C.F.R.
Part 300 (October 13, 2006), state statutes at Chapter 3323. of the Revised
Code, or the state rules in Chapter 3301-51 of the Administrative Code refer to
mental retardation or cognitive disability.
(a) "Significantly subaverage 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 subaverage
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
school district 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 mental
retardation-blindness or mental retardation-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 mental retardation
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) (October 13,
2006) and shall be used instead whenever the federal regulations at 34 C.F.R.
Part 300 (October 13, 2006), 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.
The term includes both partial sight and blindness.
Visual impairment for any child means:
(a)
A visual
impairment, not primarily perceptual in nature, resulting in a measured visual
acuity of 20/70 or poorer in the better eye with correction
The term visual impairment includes both partial sight and
blindness ; or
(b)
A physical eye
condition that affects visual functioning to the extent that special education
placement, materials and/or services are required in an educational
setting
The term "visual impairment" does not
include a disorder in which 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,
that is independent of any school district and part of the state's program of
education. 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) "Core academic subjects" means English,
reading or language arts, mathematics, science, foreign languages, civics and
government, economics, arts, history, and geography. This term does not refer
to "Ohio Core Curriculum."
(14)
"County board of mental retardation and
developmental disabilities" (county board of MR/DD
DD ) means a
county board of mental retardation and
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 (July 1, 2005
January 14, 2013 ) (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) (July 1, 2005
January 14,
2013 ).
(18) "Elementary
school" means a nonprofit institutional day or residential school, including an
elementary community school, that provides elementary education, as determined
under state law.
(19) "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.
(20)
"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.
(21)
"Evaluation team" means the parents and a group
of
IEP team and other qualified
professionals.
(22)
"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.
(23)
"Re-evaluation team" means the IEP team and other
qualified professionals.
(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, as amended and
reauthorized by the No Child Left Behind Act of 2001, January 2002,
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)(22
24 )(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.)
(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.
(a) Requirements for special education
teachers teaching core academic subjects. For any public elementary or
secondary school special education teacher teaching core academic subjects, the
term "highly qualified" has the meaning given the term in Section 9101 of the
Elementary and Secondary Education Act of 1965, as amended and reauthorized by
the No Child Left Behind Act of 2001, January 2002,
20 U.S.C.
6301 (ESEA) and
34
C.F.R. 200.56 (July 1, 2007), except that the
requirements for highly qualified also:
(i)
Include the requirements described in paragraph (B)(27
29 )(b) of this
rule; and
(ii) Include the option
for teachers to meet the requirements of Section 9101 of the ESEA by meeting
the requirements of paragraphs (B)(27
29 )(c) and (B)(27
29 )(d) of this
rule.
(b) Requirements
for special education teachers in general
(i)
When used with respect to any public elementary school or secondary school
special education teacher who is teaching in the
state, highly qualified requires that:
(a)
The teacher has obtained full state certification as a special education
teacher (including certification obtained through alternative routes to
certification), or passed the state special education teacher licensing
examination, and holds a license to teach in the state as a special education
teacher, except that when used with respect to any teacher teaching in a
community school, "highly qualified" means that the teacher meets the
certification or licensing requirements, if any, set forth in the state's
community school law;
(b) The
teacher has not had special education certification or licensure requirements
waived on an emergency, temporary, or provisional basis; and
(c) The teacher holds at least a bachelor's
degree.
(ii) A teacher
will be considered to meet the standard in paragraph (B)(27)(29)(b)(i)(a) of this rule if that teacher is
participating in an alternative route to special education certification
program under which:
(a) The teacher:
(i) Receives high-quality professional
development that is sustained, intensive, and classroom-focused in order to
have a positive and lasting impact on classroom instruction, before and while
teaching;
(ii) Participates in a
program of intensive supervision that consists of structured guidance and
regular ongoing support for teachers or a teacher mentoring program;
(iii) Assumes functions as a teacher only for
a specified period of time not to exceed three years; and
(iv) Demonstrates satisfactory progress
toward full certification as prescribed by the state; and
(b) The state ensures, through its
certification and licensure process, that the provisions in paragraph
(B)(27
29 )(b)(ii)(a) of this rule are met.
(iii) Any public elementary school
or secondary school special education teacher teaching in Ohio, who is not
teaching a core academic subject, is highly qualified if the teacher meets the
requirements in paragraph (B)(27
29 )(b)(i) or the requirements in paragraphs
(B)(27
29 )(b)(i)(c) and (B)(27
29 )(b)(ii) of this
rule.
(c) Requirements
for special education teachers teaching to alternate achievement standards
When used with respect to a special education teacher who teaches core academic subjects exclusively to children who are assessed against alternate achievement standards established under 34 C.F.R. 200.1(d) (July 1, 2007), "highly qualified" means the teacher, whether new or not new to the profession, may either:
(i) Meet the
applicable requirements of Section 9101 of the ESEA and
34
C.F.R. 200.56 (July 1, 2007) for any
elementary, middle, or secondary school teacher who is new or not new to the
profession; or
(ii) Meet the
requirements of paragraph (B) or (C) of Section 9101(23) of the ESEA as applied
to an elementary school teacher, or, in the case of instruction above the
elementary level, meet the requirements of paragraph (B) or (C) of Section
9101(23) of the ESEA as applied to an elementary school teacher and have
subject matter knowledge appropriate to the level of instruction being provided
and needed to effectively teach to those standards, as determined by the
state.
(d) Requirements
for special education teachers teaching multiple subjects Subject to paragraph
(B)(27
29 )(e)
of this rule, when used with respect to a special education teacher who teaches
two or more core academic subjects exclusively to children with disabilities,
"highly qualified" means that the teacher may either:
(i) Meet the applicable requirements of
Section 9101 of the ESEA and
34
C.F.R. 200.56(b) or (c)
(July 1, 2007);
(ii) In the case of
a teacher who is not new to the profession, demonstrate competence in all the
core academic subjects in which the teacher teaches in the same manner as is
required for an elementary, middle, or secondary school teacher who is not new
to the profession under
34
C.F.R. 200.56(c) (July 1,
2007) which may include a single, high objective uniform state standard of
evaluation (HOUSSE) covering multiple subjects; or
(iii) In the case of a new special education
teacher who teaches multiple subjects and who is highly qualified in
mathematics, language arts, or science, demonstrate, not later than two years
after the date of employment, competence in the other core academic subjects in
which the teacher teaches in the same manner as is required for an elementary,
middle, or secondary school teacher under
34
C.F.R. 200.56(c) (July 1,
2007), which may include a single HOUSSE covering multiple subjects.
(e) Separate HOUSSE standards for
special education teachers
Provided that any adaptations of the state's HOUSSE would not establish a lower standard for the content knowledge requirements for special education teachers and meets all the requirements for a HOUSSE for regular education teachers:
(i) A state may
develop a separate HOUSSE for special education teachers; and
(ii) The standards described in paragraph
(B)(27
29 )(e)(i) of this rule may include single HOUSSE
evaluations that cover multiple subjects.
(f) Rule of construction
Notwithstanding any other individual right of action that a parent or student may maintain under this rule, nothing in this rule shall be construed to create a right of action on behalf of an individual student or class of students for the failure of a particular Ohio department of education or school district employee to be highly qualified, or to prevent a parent from filing a complaint under rule 3301-51-05 of the Administrative Code about staff qualifications with the Ohio department of education as provided for under this rule.
(g) Applicability of definition to ESEA; and
clarification of new special education teacher
(i) A teacher who is highly qualified under
this rule is considered highly qualified for purposes of the ESEA.
(ii) For purposes of paragraph (B)(27
29 )(d)(iii) of this
rule, a fully certified regular education teacher who subsequently becomes
fully certified or licensed as a special education teacher is a new special
education teacher when first hired as a special education teacher.
(h) Nonpublic school teachers not
covered
The requirements in this rule do not apply to teachers hired by nonpublic elementary schools and secondary schools including nonpublic school teachers hired or contracted by school districts to provide equitable services to parentally placed nonpublic school children with disabilities under rule 3301-51-08 of the Administrative Code.
(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.
(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)(36
38 )(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).
(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)(42
44 )(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)(42
44 )(a) to
(B)(42
44 )(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.
(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.
(a) Is at least three years of
age and not six years of age; and
(b) Meets the definition of a "child with a
disability" in paragraph (B)(10) of this rule or, at the discretion of the
school district, is a child who:
(i) Is
experiencing developmental delays, as defined in 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; and
(ii) Who, by reason thereof, needs special
education and related services.
(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)(52
54 )(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.
(b) The services of a school psychology aide
shall be under the direct supervision of a school psychologist.
(c) 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.
(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)(54
56 )(a) or
(B)(54
56 )(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)(54
56 )(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)(54
56 )(a) to
(B)(54
56 )(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.
(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)(58
60 )(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 nondisabled 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.
(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)
If
appropriate
When assessment data supports a
need , acquisition of daily living skills and provision of a functional
vocational evaluation.
(iii) Shall be provided by
individuals who have the competencies, experiences, and training required to
meet the individual student's transition services needs, and may include job
training coordinators, vocational special education coordinators, career
assessment specialists, work-study coordinators or other qualified
individuals.
(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.
(d)
Competitive
environment means competitive employment in an integrated
setting.
(e)
Competitive employment as defined by
34 CFR
361.5(b)(11), means
work:
(i)
In
the competitive labor market that is performed on a full-time or part-time
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.
(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: 7/1/82, 7/1/02, 07/01/2008
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