(A) Each school
district shall adopt and implement written policies and procedures approved by
the Ohio department of education, office for exceptional children, that ensure
an individualized education program (IEP) is developed and implemented for each
child with a disability.
(B) The
county boards of
mental retardation and
developmental disabilities (county boards of
MR/DD
DD) and other
educational agencies shall adopt and implement written policies and procedures
approved by the Ohio department of education, office for exceptional children,
that ensure services identified in the child's IEP are provided as agreed upon
with the child's school district of residence.
(C) The child's school district of residence
is responsible for ensuring that the requirements of this rule are met
regardless of which school district, county board of
MR/DD
DD, or other
educational agency implements the child's IEP. This includes the responsibility
for initiating and conducting meetings for the purpose of developing,
reviewing, and revising the IEP of a child with a disability.
(D) Children in other districts or agencies
(1) The school district of residence is
responsible for ensuring that an IEP is developed and implemented for each
child with a disability residing in the school district. When providing special
education services for a child with a disability in another school district,
county board of
MR/DD
DD, or other educational agency, the school district
of residence must follow the same procedural safeguards as it does for all
children with disabilities and have on file a copy of the current evaluation
team report and the IEP.
(2) Each
school district will cooperate with other districts, county boards of
MR/DD
DD, and
other educational agencies that serve children with disabilities in
institutions or other care facilities to ensure that these children have access
to an education in a regular public school setting, when appropriate and as
specified in the IEP.
(E) IEPs
(1) The state must ensure that an IEP that
meets the requirements of Section 636(d) of the Individuals with Disabilities
Education Act, as amended by the Individuals with Disabilities Education
Improvement Act of 2004, December 2004 (IDEA), is developed, reviewed, and
revised for each child with a disability in accordance with paragraphs (H) to
(L) of this rule, except as provided in paragraph (C)(2)
(d)(ii)
(c) of rule
3301-51-05
of the Administrative Code.
(2)
Paragraphs (F) to (G) of this rule apply only to children with disabilities who
are or have been placed in or referred to a nonpublic school or facility by a
public school district as a means of providing special education and related
services.
(F)
Responsibility of the Ohio department of education
The Ohio department of education must ensure that a child with
a disability who is placed in or referred to a nonpublic school or facility by
a public school district:
(1) Is
provided special education and related services:
(a) In conformance with an IEP that meets the
requirements of paragraphs (H) to (M) of this rule; and
(b) At no cost to the parents;
(2) Is provided an education that
meets the standards that apply to education provided by the Ohio department of
education and school districts including the requirements of this rule, except
for paragraph (B)(
27
29) of rule
3301-51-01
of the Administrative Code and paragraph (H) of rule
3301-51-09
of the Administrative Code; and
(3)
Has all of the rights of a child with a disability who is served by a public
school district.
(G)
Implementation by the Ohio department of education
In implementing paragraph (F) of this rule, the Ohio
department of education must:
(1)
Monitor compliance through procedures such as written reports, on-site visits,
and parent questionnaires;
(2)
Disseminate copies of applicable standards to each nonpublic school and
facility to which a school district has referred or placed a child with a
disability; and
(3) Provide an
opportunity for those nonpublic schools and facilities to participate in the
development and revision of state standards that apply to them.
(H) Definition of individualized
education program
(1) General
As used in this rule, the term "individualized education
program" or "IEP" means a written statement for each child with a disability
that is developed, reviewed, and revised in a meeting in accordance with
paragraphs (H) to (L) of this rule and that must include:
(a) A statement that discusses the child's
future
The IEP team shall ensure that the family and child's
preferences and interests are an essential part of the planning process. The
IEP team will document planning information on the IEP;
(b) A statement of the child's present levels
of academic achievement and functional performance, including:
(i) How the child's disability affects the
child's involvement and progress in the general education curriculum (i.e., the
same curriculum as for nondisabled children); or
(ii) For preschool children, as appropriate,
how the disability affects the child's participation in appropriate
activities;
(c) A
statement of measurable annual goals, including academic and functional goals
and benchmarks or short-term objectives designed to:
(i) Meet the child's needs that result from
the child's disability to enable the child to be involved in and make progress
in the general education curriculum; and
(ii) Meet each of the child's other
educational needs that result from the child's disability;
(d) A description of:
(i) How the child's progress toward meeting
the annual goals described in paragraph (H)(1)(c) of this rule will be
measured; and
(ii) When periodic
reports on the progress the child is making toward meeting the annual goals
(such as through the use of quarterly or other periodic reports, concurrent
with the issuance of report cards) will be provided;
(e) A statement of the special education and
related services and supplementary aids and services, based on peer-reviewed
research to the extent practicable, to be provided to the child, or on behalf
of the child, and a statement of the program modifications or supports for
school personnel that will be provided to enable the child:
(i) To advance appropriately toward attaining
the annual goals;
(ii) To be
involved in and make progress in the general education curriculum in accordance
with paragraph (H)(1)(b) of this rule, and to participate in extracurricular
and other nonacademic activities; and
(iii) To be educated and participate with
other children with disabilities and nondisabled children in the activities
described in this rule;
(f) An explanation of the extent, if any, to
which the child will not participate with nondisabled children in the regular
class and in the activities described in paragraph (H)(1)(e) of this
rule;
(g) A statement of any
individual appropriate accommodations that are necessary to measure the
academic achievement and functional performance of the child on state and
districtwide assessments consistent with Section 612(a)(16) of the
IDEA;
(h) If the IEP team
determines that the child must take an alternate assessment instead of a
particular regular state or districtwide assessment of student achievement, a
statement of why:
(i) The child cannot
participate in the regular assessment; and
(ii) The particular alternate assessment
selected is appropriate for the child; and
(i) The projected date for the beginning of
the services and modifications described in paragraph (H)(1)(e) of this rule
and the anticipated frequency, location, and duration of those services and
modifications.
(2)
Transition services
Beginning not later than the first IEP
to be in effect when the child turns fourteen, or younger if determined
appropriate by the IEP team, and updated annually, thereafter, the IEP must
include:
(a)
Appropriate measurable postsecondary goals based upon
age-appropriate transition assessments related to training, education, and, if
assessment data supports the need, independent living skills;
(b)
Appropriate
measureable post-secondary goals based on age-appropriate transition
assessments related to integrated employment in a competitive environment;
and
(c)
The transition services (including courses of study)
needed to assist the child in reaching those goals.
(a) For each child with a
disability, beginning at age fourteen (or younger, if determined appropriate by
the IEP team), the IEP shall include a statement, updated annually, of the
transition service needs of the child under the applicable components of the
child's IEP that focuses on the child's courses of study (such as participation
in advanced-placement courses or a vocational education
program).
(b) Beginning not later than the
first IEP to be in effect when the child turns sixteen, or younger if
determined appropriate by the IEP team, and updated annually, thereafter, the
IEP must include:
(i) Appropriate measurable
postsecondary goals based upon age-appropriate transition assessments related
to training, education, employment, and, where appropriate, independent living
skills; and
(ii) The transition services
(including courses of study) needed to assist the child in reaching those
goals.
(3) Transfer of rights at age of majority
Beginning not later than one year before the child reaches
eighteen years of age, which is the age of majority under Ohio law, the IEP
must include a statement that the child has been informed of the child's rights
under Part B of the IDEA that will transfer to the child on reaching the age of
majority, as specified in paragraph (D) of rule
3301-51-05
of the Administrative Code.
(4) Construction
Nothing in this rule shall be construed to require:
(a) That additional information be included
in a child's IEP beyond what is explicitly required in Section 614 of the IDEA;
or
(b) The IEP team to include
information under one component of a child's IEP that is already contained
under another component of the child's IEP.
(I) IEP team
(1) General
The school district must ensure that the IEP team for each
child with a disability includes:
(a)
The parents of the child;
(b) Not
less than one regular education teacher of the child (if the child is, or may
be, participating in the regular education environment);
(c) Not less than one special education
teacher of the child or, where appropriate, not less
then
than one special
education provider of the child;
(d) A representative of the school district
who:
(i) Is qualified to provide, or
supervise the provision of, specially designed instruction to meet the unique
needs of children with disabilities;
(ii) Is knowledgeable about the general
education curriculum; and
(iii) Is
knowledgeable about the availability of resources of the school
district.
(e) An
individual who can interpret the instructional implications of evaluation
results, who may be a member of the team described in paragraphs (I)(1)(b) to
(I)(1)(f) of this rule;
(f) At the
discretion of the parent or the school district, other individuals who have
knowledge or special expertise regarding the child, including related services
personnel as appropriate; and
(g)
Whenever appropriate, the child with a disability.
(2) Transition services participants
(a) In accordance with paragraph (I)(1)(g) of
this rule, the school district must invite a child with a disability to attend
the child's IEP team meeting if a purpose of the meeting will be the
consideration of the postsecondary goals for the child and the transition
services needed to assist the child in reaching those goals under paragraph
(H)(2) of this rule.
(b) If the
child does not attend the IEP team meeting, the school district must take other
steps to ensure that the child's preferences and interests are
considered.
(c) To the extent
appropriate, with the consent of the parents or a child who has reached the age
of majority, in implementing the requirements of paragraph (I)(2)(a) of this
rule, the school district must invite a representative of any participating
agency that is likely to be responsible for providing or paying for transition
services.
(3)
Determination of knowledge and special expertise
The determination of the knowledge or special expertise of any
individual described in paragraph (I)(1)(f) of this rule must be made by the
party (parents or school district) who invited the individual to be a member of
the IEP team.
(4)
Designating a school district representative
A school district may designate a school district member of
the IEP team to also serve as the district representative, if the criteria in
paragraph (I)(1)(d) of this rule are satisfied.
(5) IEP team attendance
(a) A member of the IEP team described in
paragraphs (I)(1)(b) to (I)(1)(e) of this rule is not required to attend an IEP
team meeting, in whole or in part, if the parent of a child with a disability
and the school district agree, in writing, that the attendance of the member is
not necessary because the member's area of the curriculum or related services
is not being modified or discussed in the meeting.
(b) A member of the IEP team described in
paragraph (I)(5)(a) of this rule may be excused from attending an IEP team
meeting, in whole or in part, when the meeting involves a modification to or
discussion of the member's area of the curriculum or related services, if:
(i) The parent, in writing, and the school
district consent to the excusal; and
(ii) The member submits, in writing to the
parent and the IEP team, input into the development of the IEP prior to the
meeting.
(6)
Initial IEP team meeting for child under Part C
In the case of a child who was previously served under Part C
of the IDEA, an invitation to the initial IEP team meeting must, at the request
of the parent, be sent to the Part C service coordinator or other
representatives of the Part C system to assist with the smooth transition of
services.
(J)
Parent participation
(1) School district
responsibility
Each school district must take steps to ensure that one or
both of the parents of a child with a disability are present at each IEP team
meeting or are afforded the opportunity to participate, including:
(a) Notifying parents of the meeting early
enough to ensure that they will have an opportunity to attend; and
(b) Scheduling the meeting at a mutually
agreed on time and place.
(2) Information provided to parents
(a) The notice required under paragraph
(J)(1)(a) of this rule must:
(i) Indicate the
purpose, time, and location of the meeting and who will be in attendance;
and
(ii) Inform the parents of the
provisions in paragraphs (I)(1)(f) and (I)(3) of this rule (relating to the
participation of other individuals on the IEP team who have knowledge or
special expertise about the child), and paragraph (I)(6) of this rule (relating
to the participation of the Part C service coordinator or other representatives
of the Part C system at the initial IEP team meeting for a child previously
served under Part C of the IDEA).
(b) For a child with a disability, beginning
not later than the first IEP to be in effect when the child turns fourteen, or
younger if determined appropriate by the IEP team, the notice also must:
(i) Indicate that a purpose of the meeting
will be the development of a statement of the transition services needs of the
child; and
(ii) Indicate that the
school district will invite the child.
(c) For a child with a disability, beginning
not later than the first IEP to be in effect when the child turns
sixteen
fourteen, or younger if determined appropriate by the
IEP team, the notice also must:
(i) Indicate:
(a) That a purpose of the meeting will be the
consideration of the postsecondary goals and transition services for the child,
in accordance with paragraph (H)(2)(b) of this rule; and
(b) That the school district will invite the
child; and
(ii) Identify
any other agency that will be invited to send a representative.
(3) Other methods to
ensure parent participation
If neither parent can attend an IEP team meeting, the school
district must use other methods to ensure parent participation, including
individual or conference telephone calls, consistent with paragraph (O) of this
rule (related to alternative means of meeting participation).
(4) Conducting an IEP team meeting without a
parent in attendance
A meeting may be conducted without a parent in attendance if
the school district is unable to convince the parents that they should attend.
In this case, the school district must keep a record of its attempts to arrange
a mutually agreed on time and place, such as:
(a) Detailed records of telephone calls made
or attempted and the results of those calls;
(b) Copies of correspondence sent to the
parents and any responses received; and
(c) Detailed records of visits made to the
parent's home or place of employment and the results of those visits.
(5) Use of interpreters or other
action, as appropriate
The school district must take whatever action is necessary to
ensure that the parent understands the proceedings of the IEP team meeting,
including arranging for an interpreter for parents with deafness or whose
native language is other than English.
(6) Parent copy of child's IEP
Within thirty calendar days after the IEP meeting, the school
district must give the parent a copy of the child's IEP at no cost to the
parent.
(K) When
IEPs must be in effect
(1) General
By the child's third birthday and at the beginning of each
subsequent school year, each school district must have in effect, for each
child with a disability within its jurisdiction, an IEP, as defined in
paragraph (H) of this rule. The IEP shall be implemented as soon as possible
following the IEP meeting.
(2) The initial IEP must be developed within
whichever of the following time periods is the shortest:
(a) Within thirty calendar days of the
determination that the child needs special education and related
services;
(b) Within ninety
calendar days of receiving parental consent for an evaluation; or
(c) Within one hundred twenty calendar days
of the receipt of a request for an evaluation from a parent or school
district.
(3) Initial
IEPs; provision of services Each school district must ensure that:
(a) A meeting to develop an IEP for a child
is conducted within thirty days of a determination that the child needs special
education and related services; and
(b) As soon as possible following development
of the IEP, special education and related services are made available to the
child in accordance with the child's IEP.
(c)
Once a child
begins receiving services for the first time under an IEP, the school district
in which the child is enrolled shall notify parents that the child is required
to undergo a comprehensive eye exam within three months in accordance with
section 3323.19 of the Revised
Code.
(4)
Accessibility of child's IEP to teachers and others Each school district must
ensure that:
(a) The child's IEP is
accessible to each regular education teacher, special education teacher,
related services provider, and any other service provider who is responsible
for its implementation; and
(b)
Each teacher and provider described in paragraph (K)(4)(a) of this rule is
informed of:
(i) The teacher's and provider's
specific responsibilities related to implementing the child's IEP;
and
(ii) The specific
accommodations, modifications, and supports that must be provided for the child
in accordance with the IEP.
(5) IEPs for children who transfer school
districts in the same state
If a child with a disability (who had an IEP that was in
effect in a previous school district in the same state) transfers to a new
school district of residence in the same state, and enrolls in a new school
within the same school year, the new school district of residence (in
consultation with the parents) must provide a free and appropriate public
education (FAPE) to the child (including services comparable to those described
in the child's IEP from the previous school district of residence), until the
new school district of residence either:
(a) Adopts the child's IEP from the previous
school district of residence; or
(b) Develops, adopts, and implements a new
IEP that meets the applicable requirements in paragraphs (H) to (L) of this
rule.
(6) IEPs for
children who transfer from another state
If a child with a disability (who had an IEP that was in effect
in a previous school district in another state) transfers to a new school
district of residence in Ohio, and enrolls in a new school within the same
school year, the new school district of residence (in consultation with the
parents) must provide the child with FAPE (including services comparable to
those described in the child's IEP from the previous school district of
residence), until the new school district of residence:
(a) Conducts an evaluation pursuant to
paragraphs (E) to (G) of rule
3301-51-06 of the
Administrative Code (if determined to be necessary by the new school district
of residence); and
(b) Develops,
adopts, and implements a new IEP, if appropriate, that meets the applicable
requirements in paragraphs (H) to (L) of this rule.
(7) Transmittal of records
To facilitate the transition for a child described in
paragraphs (K)(5) and (K)(6) of this rule:
(a) The new school district of residence in
which the child enrolls must take reasonable steps to promptly obtain the
child's records, including the IEP and supporting documents and any other
records relating to the provision of special education or related services to
the child, from the previous school district of residence in which the child
was enrolled, pursuant to
34
C.F.R.
99.31(a)(2) (
July 1, 2005
January 14,
2013); and
(b) The previous
school district of residence in which the child was enrolled must take
reasonable steps to promptly respond to the request from the new school
district of residence.
(L) Development, review, and revision of IEP
(1) Development of IEP
(a) General In developing each child's IEP,
the IEP team must consider:
(i) The strengths
of the child;
(ii) The concerns of
the parents for enhancing the education of their child;
(iii) The results of the initial or most
recent evaluation of the child;
(iv) The results of the child's performance
on any state or districtwide assessment programs, as appropriate; and
(v) The academic, developmental, and
functional needs of the child.
(b) Consideration of special factors
The IEP team must:
(i)
In the case of a child whose behavior impedes the child's learning or that of
others, consider the use of positive behavioral interventions and supports, and
other strategies, to address that behavior;
(ii) In the case of a child with limited
English proficiency, consider the language needs of the child as those needs
relate to the child's IEP;
(iii) In
the case of a child who is blind or visually impaired:
(a) Provide for instruction in braille and
the use of braille unless the IEP team determines, after an evaluation of the
child's reading and writing skills, needs, and appropriate reading and writing
media (including an evaluation of the child's future needs for instruction in
braille or the use of braille), that instruction in braille or the use of
braille is not appropriate for the child; and
(b) Ensure that the requirements for IEPs for
children with visual impairments are implemented as provided in section
3323.011 of the Revised
Code;
(iv) Consider the
communication needs of the child, and in the case of a child who is deaf or
hard of hearing, consider the child's language and communication needs,
opportunities for direct communications with peers and professional personnel
in the child's language and communication mode, academic level, and full range
of needs, including opportunities for direct instruction in the child's
language and communication mode; and
(v) Consider whether the child needs
assistive technology devices and services.
(c) Requirement with respect to regular
education teacher
A regular education teacher of a child with a disability, as a
member of the IEP team, must, to the extent appropriate, participate in the
development of the IEP of the child, including the determination of:
(i) Appropriate positive behavioral
interventions and supports and other strategies for the child; and
(ii) Supplementary aids and services, program
modifications, and support for school personnel consistent with paragraph
(H)(1)(e) of this rule.
(d) Agreement
(i) In making changes to a child's IEP after
the annual IEP team meeting for a school year, the parent of a child with a
disability and the school district may agree not to convene an IEP team meeting
for the purposes of making those changes, and instead may develop a written
document to amend or modify the child's current IEP.
(ii) If the IEP team amends or modifies the
child's current IEP, as described in paragraph (L)(1)(d)(i) of this rule, the
annual review date for the amended or modified IEP does not change. The annual
review date will change upon a complete review and revision of the child's IEP
as outlined in paragraph (L)(2) of this rule.
(iii) If changes are made to the child's IEP
in accordance with paragraph (L)(1)(d)(i) of this rule, the school district
must ensure that the child's IEP team is informed of those changes.
(e) Consolidation of IEP team
meetings
To the extent possible, the school district must encourage the
consolidation of reevaluation meetings for the child and other IEP team
meetings for the child.
(f)
Amendments
Changes to the IEP may be made either by the entire IEP team
at an IEP team meeting, or as provided in paragraph (L)(1)(d) of this rule, by
amending the IEP rather than by redrafting the entire IEP. When an IEP is
amended the school district shall send a copy of the amended IEP to the parent
within thirty days of the date the IEP was amended.
(2) Review and revision of IEPs
(a) General
Each school district must ensure that, subject to paragraphs
(L)(2)(b) and (L)(2)(c) of this rule, the IEP team:
(i) Reviews the child's IEP periodically, but
not less than annually, to determine whether the annual goals for the child are
being achieved; and
(ii) Revises
the IEP, as appropriate, to address:
(a) Any
lack of expected progress toward the annual goals described in paragraph
(H)(1)(c) of this rule, and in the general education curriculum, if
appropriate;
(b) The results of any
reevaluation conducted under rule
3301-51-06 of the
Administrative Code;
(c)
Information about the child provided to, or by, the parents, as described under
paragraph (F)(1)(b) of rule
3301-51-06 of the
Administrative Code;
(d) The
child's anticipated needs; or
(e)
Other matters.
(b) Consideration of special factors
In conducting a review of the child's IEP, the IEP team must
consider the special factors described in paragraph (L)(1)(b) of this
rule.
(c) Requirement with
respect to regular education teacher
A regular education teacher of the child, as a member of the
IEP team, must, consistent with paragraph (L)(1)(c) of this rule, participate
in the review and revision of the IEP of the child.
(3) Failure to meet transition
objectives
(a) Participating agency failure
If a participating agency, other than the school district,
fails to provide the transition services described in the IEP in accordance
with paragraph (H)(2) of this rule, the school district must reconvene the IEP
team to identify alternative strategies to meet the transition objectives for
the child set out in the IEP.
(b) Construction
Nothing in this rule relieves any participating agency,
including a state vocational rehabilitation agency, of the responsibility to
provide or pay for any transition service that the agency would otherwise
provide to children with disabilities who meet the eligibility criteria of that
agency.
(4)
Children with disabilities in adult prisons
(a) Requirements that do not apply
The following requirements do not apply to children with
disabilities who are convicted as adults under state law and incarcerated in
adult prisons:
(i) The requirements
contained in Section 612(a)(16) of the IDEA and paragraph (H)(1)(g) of this
rule (relating to participation of children with disabilities in general
assessments).
(ii) The requirements
in paragraph (H)(2) of this rule (relating to transition planning and
transition services) do not apply with respect to the children whose
eligibility under Part B of the IDEA will end, because of their age, before
they will be eligible to be released from prison based on consideration of
their sentence and eligibility for early release.
(b) Modifications of IEP or placement
(i) Subject to paragraph (L)(4)(b)(ii) of
this rule, the IEP team of a child with a disability who is convicted as an
adult under state law and incarcerated in an adult prison may modify the
child's IEP or placement if the state has demonstrated a bona fide security or
compelling penological interest that cannot otherwise be
accommodated.
(ii) The requirements
of paragraphs (E) and (H) of this rule do not apply with respect to the
modifications described in paragraph (L)(4)(b)(i) of this rule.
(M)
Nonpublic school placements by public school districts
(1) Developing IEPs
(a) Before a public school district places a
child with a disability in, or refers a child to, a nonpublic school or
facility, the district must initiate and conduct a meeting to develop an IEP
for the child in accordance with paragraphs (H) and (L) of this rule.
(b) The district must ensure that a
representative of the nonpublic school or facility attends the meeting. If the
representative cannot attend, the district must use other methods to ensure
participation by the nonpublic school or facility, including individual or
conference telephone calls.
(2) Reviewing and revising IEPs
(a) After a child with a disability enters a
nonpublic school or facility, any meetings to review and revise the child's IEP
may be initiated and conducted by the nonpublic school or facility at the
discretion of the public school district.
(b) If the nonpublic school or facility
initiates and conducts these meetings, the public school district must ensure
that the parents and a district representative:
(i) Are involved in any decision about the
child's IEP; and
(ii) Agree to any
proposed changes in the IEP before those changes are implemented.
(3) Responsibility
Even if a nonpublic school or facility implements a child's
IEP, responsibility for compliance with this rule remains with the public
school district and the Ohio department of education.
(N) Educational placements
Consistent with rule
3301-51-04 of the
Administrative Code, each school district must ensure that the parents of each
child with a disability are members of any group that makes decisions on the
educational placement of their child.
(O) Alternative means of meeting
participation
When conducting IEP team meetings and placement meetings
pursuant to this rule, and Subpart E of Part B of the IDEA, and carrying out
administrative matters under Section 615 of the IDEA (such as scheduling,
exchange of witness lists, and status conferences), the parent of a child with
a disability and a school district may agree to use alternative means of
meeting participation, such as video conferences and conference calls.
