(A) Children's rights to services
Each school district is required to provide equitable services
and participation for eligible children who are attending a chartered or
non-chartered nonpublic school located within the district's geographical
boundaries. The school district must have timely and meaningful consultation
with the chartered and non-chartered nonpublic school officials to determine if
any children attending those nonpublic schools are eligible for equitable
services.
(B) Child find
for parentally placed nonpublic school children with disabilities
(1) General
Each school district must locate, identify, and evaluate all
children with disabilities who are enrolled by their parents in nonpublic,
including religious, elementary schools and secondary schools located in the
school district, in accordance with paragraphs (B)(2) to (B)(5) of this rule
and with rules
3301-51-01 and
3301-51-03 of the Administrative
Code.
(2) Child find design
The child find process must be designed to ensure:
(a) The equitable participation of parentally
placed nonpublic school children; and
(b) An accurate count of those
children.
(3) Activities
In carrying out the requirements of this rule, the school
district where the nonpublic school is located must undertake activities
similar to the activities undertaken for the district's public school
children.
(4) Cost
The cost of carrying out the child find requirements in this
rule, including individual evaluations, shall not be considered in determining
if a school district has met its obligation under paragraph (E) of this rule.
The proportionate share of Part B funds set aside to
serve children with disabilities in nonpublic schools cannot be used for child
find activities, including individual evaluations.
(5) Completion period
The child find process must be completed in a time period
comparable to that for students attending the school district where the
nonpublic school is located consistent with rules
3301-51-03 and
3301-51-06 of the Administrative
Code.
(6)
Out-of-state children
Each school district in which
nonpublic, including religious, elementary schools and secondary schools are
located must, in carrying out the child find requirements in this rule, include
parentally placed nonpublic school children who reside in a state other than
the state in which the nonpublic schools that they attend are
located.
(6)(7) Students eligible
for a scholarship
The district where the chartered or non-chartered nonpublic
school is located is responsible for additional child find activities regarding
children who are enrolled in either the "Autism Scholarship Program,"
established by section
3310.41 of the Revised Code or
the "Jon Peterson Special Needs Scholarship Program," established by section
3310.052
3310.52
of the Revised
Code, as well as a determination of whether or not these children will receive
services through a services plan, as outlined in paragraphs (C) and (J) of this
rule.
(7)(8) Determination of
eligibility
The school district where the nonpublic school is located shall
conduct, either directly or through contract, a full and individual initial
evaluation in accordance with rule
3301-51-06 of the Administrative
Code for children suspected of having a disability.
(a)
If the parents
do not make clear their intention to keep their child enrolled in the nonpublic
school, then the
The school district
where the nonpublic school is located shall provide the parents of children who
are determined eligible for services under rule
3301-51-06 of the Administrative
Code written documentation stating that the child's school district of
residence is responsible for making a free appropriate public education (FAPE)
available to the child.
(b) A copy
of this documentation shall be sent to the child's school district of
residence, provided the school district where the nonpublic school is located
receives written parental consent for this information to be released to the
child's school district of residence.
(8)(9) School district of
residence
(a) A school district of residence
is not required to pay for the cost of FAPE of a child with a disability at a
nonpublic school or facility if:
(i) The
school district of residence made FAPE available to the child in the public
school; and
(ii) The parents
elected to place the child in the nonpublic school or facility.
(b) However, the school district
of residence must include the child described in paragraph
(B)(7)(a)
(B)(8)(a) of this rule in the population whose needs
are addressed consistent with the requirements of this rule.
(c) If the parents make clear their intention
to keep their child with a disability enrolled in a nonpublic school then the
school district of residence
need not
is not required to develop an individualized
education program (IEP) for the child
unless required
to under Chapters 3301-101 and 3301-103 of the Administrative Code. If
the child with a disability who is in need of special education and related
services enrolls or re-enrolls in the school district of residence, the school
district of residence must make FAPE available.
(9)(10)
Confidentiality requirements
When conducting child find, evaluation and service activities,
the school district where the nonpublic school is located must be in compliance
with all confidentiality requirements of the Individuals with Disabilities
Education Act, as amended by the Individuals with Disabilities Education
Improvement Act of 2004, December 2004 (IDEA), and the Family Education Rights
and Privacy Act of 1974, August 1974 (FERPA).
(a) If a child is enrolled or is going to
enroll in a nonpublic school that is not located in the school district of the
parent's residence, parental consent must be obtained before any personally
identifiable information about the child is released between officials in the
school district where the nonpublic school is located and officials in the
school district of the parent's residence.
(b) The school district where the nonpublic
school is located shall follow all the IDEA and the FERPA confidentiality
requirements when serving children with disabilities attending chartered and
non-chartered nonpublic schools.
(10)(11) Continued
determination of eligibility
Children with disabilities enrolled by their parents in
nonpublic schools and receiving special education and any related services must
be reevaluated by the school district where the nonpublic school is
located:
(a) Not more frequently than
once a year, unless the parent and the district agree otherwise; and
(b) At least once every three years, unless
the parent and the district agree that a reevaluation is unnecessary.
(11) Out-of-state children Each
school district in which nonpublic, including religious, elementary schools and
secondary schools are located must, in carrying out the child find requirements
in this rule, include parentally placed nonpublic school children who reside in
a state other than the state in which the nonpublic schools that they attend
are located.
(C) Provision of services for parentally
placed nonpublic school children with disabilities: basic requirement
(1) General
To the extent consistent with the number and location of
children with disabilities who are enrolled by their parents in nonpublic,
including religious, elementary schools and secondary schools located in the
school district, provision is made for the participation of those children in
the program assisted or carried out under Part B of the IDEA by providing them
with special education and related services, including direct services
determined in accordance with this rule.
(2) Services plan for parentally placed
nonpublic school children with disabilities
In accordance with paragraph (C)(1) and paragraphs (I) to (K)
of this rule, a services plan must be developed and implemented for each
nonpublic school child with a disability who has been designated by the school
district in which the nonpublic school is located to receive special education
and related services under this rule.
(D) Reporting requirements
(1) The following children with disabilities,
who are enrolled by their parents in nonpublic schools, shall be counted and
reported to the Ohio department of education by the school district where the
nonpublic school is located, during the October education management
information system (EMIS) reporting period:
(a) Children identified as eligible to
receive special education services under the IDEA, but who do not have a
services plan; and
(b) Children who
are suspected of having a disability who are enrolled by their parents in
nonpublic schools and who are evaluated and determined not eligible to receive
special education and related services under the IDEA.
(2) Children with disabilities who are
receiving special education services in accordance with a services plan funded
through Part B of the IDEA or auxiliary services funds shall be counted for the
December 1
October
thirty-first child count report by the school district where the
nonpublic school is located to generate Part B special education
funds.
(E) Expenditures
(1) Formula
The school district where the nonpublic school is located must
spend the following on providing special education and related services
(including direct services) to parentally placed nonpublic school children with
disabilities:
(a) For children between
the ages of three and twenty-one, inclusive, an amount that is the same
proportion of the school district's total subgrant under Section 611(f) of the
IDEA as the number of nonpublic school children between the ages of three and
twenty-one, inclusive, who are enrolled by their parents in nonpublic,
including religious, elementary schools and secondary schools located in the
school district, is to the total number of children with disabilities in its
jurisdiction between the ages of three and twenty-one, inclusive.
(i) For children aged three through five, an
amount that is the same proportion of the school district's total subgrant
under Section 619(g) of the IDEA as the number of parentally placed nonpublic
school children with disabilities aged three through five who are enrolled by
their parents in a nonpublic, including religious, elementary school located in
the school district, is to the total number of children with disabilities in
its jurisdiction aged three through five.
(ii) As described in paragraph (E)(1)(a)(i)
of this rule, children aged three through five are considered to be parentally
placed nonpublic school children with disabilities enrolled by their parents in
nonpublic, including religious, elementary schools, if they are enrolled in a
nonpublic school that meets the definition of elementary school in rule
3301-51-01 of the Administrative
Code.
(b) If the school
district where the nonpublic school is located has not expended for equitable
services all of the funds described in paragraph (E)(1)(a) of this rule by the
end of the fiscal year for which congress appropriated the funds, the school
district must obligate the remaining funds for special education and related
services (including direct services) to parentally placed nonpublic school
children with disabilities during a carry-over period of one additional
year.
(2) Calculating
proportionate amount
(a) In calculating the
proportionate amount of federal funds to be provided for parentally placed
nonpublic school children with disabilities, the school district where the
nonpublic school is located, after timely and meaningful consultation with
representatives of nonpublic schools under paragraph (F) of this rule, must
conduct a thorough and complete child find process to determine the number of
parentally placed children with disabilities attending nonpublic schools
located in the school district.
(b)
The annual count of the number of parentally placed nonpublic school children
with disabilities must be used to determine the amount that the school district
where the nonpublic school is located must spend on providing special education
and related services to parentally placed nonpublic school children with
disabilities in the subsequent fiscal year.
Each school
district must:
(i)
After timely and meaningful consultation with
representatives of parentally-placed private school children with disabilities,
determine the number of parentally-placed private school children with
disabilities attending nonpublic schools located in the school district;
and
(ii)
Ensure that the count is conducted on any date between
October first and December first, inclusive, of each year.
(3) Supplement, not
supplant
State and local funds may supplement and in no case supplant
the proportionate amount of federal funds required to be expended for
parentally placed nonpublic school children with disabilities under this
rule.
(4) Use of federal
funds provided through the IDEA
The amount of special education IDEA Part B and early childhood
special education flow-through benefits that the school district where the
nonpublic school is located must allocate for eligible nonpublic school
children is determined as follows:
(a)
The proportionate share allocation is calculated as specified in appendix B
"Proportionate Share Calculation" to 34 C.F.R. Part
300 (October 13, 2006). For
purposes of the calculation of the proportionate share under appendix B, "LEA"
means the school district in which the nonpublic school is located and "private
school" means nonpublic school as defined in paragraph (B)(40) of rule
3301-51-01 of the Administrative
Code
(b) The calculation of the
proportionate share of IDEA Part B special education funds is based upon a
number of factors including child count, public and nonpublic population counts
and the number of children within the district living in poverty. Due to these
factors, each school district's calculation will vary based on its individual
data and a statewide per-child allocation cannot be determined.
(5) Use of state funds and
provision of auxiliary services
(a)
Opportunity for participation
Auxiliary services funds are generated for each school district
based upon the number of children attending chartered nonpublic elementary or
secondary schools within the district. Auxiliary services funds may be used to
provide services to children with disabilities who are attending chartered
nonpublic schools within the boundaries of a given school district (sections
3317.024 and
3317.06 of the Revised
Code).
(b) Approval of
services to be provided
The school district within whose boundaries the chartered
nonpublic school is located has the responsibility for approving the chartered
nonpublic school's request for services prior to the provision of such
services.
(c) Location of
services
Personnel funded with auxiliary services funds may provide
services either on or off the premises of the chartered nonpublic school to
children enrolled in a religiously affiliated or nonsectarian school. If
services are provided in the public school or in public centers, transportation
to and from such facilities shall be provided by the school district in which
the chartered nonpublic school is located (division (I) of section
3317.06 of the Revised
Code).
(d) Documentation of
services
If a child is unilaterally placed by the child's parents in a
chartered nonpublic school and the child will be receiving special education
and related services using both Part B funds and auxiliary funds or using
auxiliary funds only, the services provided by auxiliary funds must be clearly
marked as auxiliary services on the child's services plan. These services are
not subject to the IDEA complaint or due process procedures.
(F) Consultation
To ensure timely and meaningful consultation, the school
district where the nonpublic school is located must consult with nonpublic
school representatives and representatives of parents of parentally placed
nonpublic school children with disabilities during the design and development
of special education and related services for the children regarding the
following:
(1) Child find
The child find process, including:
(a) How parentally placed nonpublic school
children suspected of having a disability can participate equitably;
and
(b) How parents, teachers, and
nonpublic school officials will be informed of the process.
(2) Proportionate share of funds
The determination of the proportionate share of federal funds
available to serve parentally placed nonpublic school children with
disabilities under paragraph (E) of this rule, including the determination of
how the proportionate share of those funds was calculated. Consultations shall
take into consideration the number of these children and their needs and
location.
(3) Consultation
process
The consultation process among the school district where the
nonpublic school is located, nonpublic school officials, and representatives of
parents of parentally placed nonpublic school children with disabilities,
including how the process will operate throughout the school year to ensure
that parentally placed children with disabilities identified through the child
find process can meaningfully participate in special education and related
services.
(4) Provision of
special education and related services
How, where, and by whom special education and related services
will be provided for parentally placed nonpublic school children with
disabilities, including a discussion of:
(a) The types of services, including direct
services and alternate service delivery mechanisms; and
(b) How special education and related
services will be apportioned if funds are insufficient to serve all parentally
placed nonpublic school children; and
(c) How and when those decisions will be
made.
(5) Written
explanation by the school district regarding services
How, if the school district where the nonpublic school is
located disagrees with the views of the nonpublic school officials on the
provision of services or the types of services (whether provided directly or
through a contract), the school district where the nonpublic school is located
shall provide to the nonpublic school officials a written explanation of the
reasons why the school district chose not to provide services directly or
through a contract.
(G) Written affirmation
(1) When timely and meaningful consultation
has occurred, the school district where the nonpublic school is located must
obtain a written affirmation signed by the representatives of participating
nonpublic schools.
(2) If the
representatives do not provide the affirmation within a reasonable period of
time or choose not to participate, the school district where the nonpublic
school is located must document its consultation attempts and forward
documentation of the consultation process to the Ohio department of education.
If a nonpublic school chooses not to participate,
the parent may contact the school district in which the nonpublic school is
located to request equitable services for the child.
(H) Compliance
(1) General
A nonpublic school official has the right to submit a complaint
to the Ohio department of education, office for exceptional children, alleging
that the school district where the nonpublic school is located:
(a) Did not engage in consultation that was
meaningful and timely; or
(b) Did
not give due consideration to the views of the nonpublic school
official.
(2) Procedure
(a) If the nonpublic school official wishes
to submit a complaint, the official must provide to the Ohio department of
education, office for exceptional children the basis of the noncompliance by
the school district with the applicable nonpublic school provisions in this
rule; and
(b) The school district
where the nonpublic school is located must forward the appropriate
documentation to the Ohio department of education, office for exceptional
children, in accordance with paragraph (L) of this rule.
(c) If the nonpublic school official is
dissatisfied with the decision of the Ohio department of education, office for
exceptional children, the official may submit a complaint to the secretary of
the U.S. department of education by providing the information on noncompliance
described in paragraph (H)(2)(a) of this rule. The Ohio department of
education, office for exceptional children shall forward the appropriate
documentation to the secretary of the U.S. department of education.
(I) Equitable services
determined
(1) No individual right to special
education and related services
No parentally placed nonpublic school child with a disability
has an individual right to receive some or all of the special education and
related services that the child would receive if enrolled in a public
school.
(2) Decisions
(a) Decisions about the services that will be
provided to parentally placed nonpublic school children with disabilities under
this rule must be made in accordance with paragraphs (I)(3) and (F)(3) of this
rule.
(b) The school district where
the nonpublic school is located must make the final decisions with respect to
the services to be provided to eligible parentally placed nonpublic school
children with disabilities.
(3) Services plan for each child served under
this rule
If a child with a disability is enrolled in a religious or
other nonpublic school by the child's parents and will receive special
education or related services from the school district where the nonpublic
school is located, the school district must:
(a) Initiate and conduct meetings to develop,
review, and revise a services plan for the child, in accordance with paragraph
(J)(2) of this rule; and
(b) Ensure
that a representative of the religious or other nonpublic school attends each
meeting. If the representative cannot attend, the school district where the
nonpublic school is located shall use other methods to ensure participation by
the religious or other nonpublic school, including individual or conference
telephone calls.
(J) Equitable services provided
(1) General
(a) The services provided to parentally
placed nonpublic school children with disabilities must be provided by
personnel meeting the same standards as personnel providing services in the
public schools, except that nonpublic elementary school and secondary school
teachers who are providing equitable services to parentally placed nonpublic
school children with disabilities do not have to meet the
highly qualified special education teacher
requirements of rule
3301-51-01 of the Administrative
Code.
(b) Parentally placed
nonpublic school children with disabilities may receive a different amount of
services than children with disabilities in public schools.
(2) Services provided in
accordance with a services plan
(a) Each
parentally placed nonpublic school child with a disability who has been
designated to receive services under paragraph (C) of this rule must have a
services plan that describes the specific special education and related
services that the public school district where the nonpublic school is located
will provide to the child in light of the services that the district has
determined, through the process described in this rule, it will make available
to parentally placed nonpublic school children with disabilities.
(b) The services plan must:
(i) Be developed to meet IEP requirements as
outlined in paragraph (H) of rule
3301-51-07 of the Administrative
Code, to the extent appropriate;
(ii) Be individually developed for each
participating child using the services plan form, i.e., IEP form, included in
the school district's approved forms; and
(iii) Be developed, reviewed, and revised
consistent with paragraphs (I) to (L) of rule
3301-51-07 of the Administrative
Code.
(3)
Development of the services plan
(a) The
school district where the nonpublic school is located, whether or not it is the
child's school district of residence, convenes the services plan meeting,
conference call, or video conference for each eligible child who will receive
special education and any related services.
(b) A nonpublic school representative must
participate in the development or revision of the services plan.
(c) The school district where the nonpublic
school is located is required to and is responsible for conducting a meeting,
conference call, or video conference at least annually to review and revise, if
appropriate, each child's services plan.
(d) Neither the IDEA nor state law makes
provisions for nonpublic schools to develop student services plans. Any written
plan developed by a nonpublic school will not be recognized as a services plan
under federal or state laws.
(4) Provision of equitable services
(a) The provision of services pursuant to
paragraphs (K) to (O) of this rule must be provided:
(i) By employees of a public agency;
or
(ii) Through contract by the
public agency with an individual, association, agency, organization, or other
entity.
(b) Special
education and related services provided to parentally placed nonpublic school
children with disabilities, including materials and equipment, must be secular,
neutral, and nonideological.
(K) Location of services and transportation
(1) Services on nonpublic school premises
(a) Services to parentally placed nonpublic
school children with disabilities may be provided on the premises of nonpublic,
including religious, schools, to the extent consistent with law.
(b) The school district where the nonpublic
school is located will determine where services will be provided. Services may
be provided at the nonpublic school with the permission of the nonpublic
school.
(2)
Transportation
(a) General
If
necessary for the child to benefit from or participate in the services provided
under this rule, a parentally placed nonpublic school child with a disability
must be provided transportation:
(i) From the
child's school or the child's home to a site other than the nonpublic school;
and
(ii) From the service site to
the nonpublic school, or to the child's home, depending on the timing of the
services.
(b)
Transportation for parentally placed chartered nonpublic school children
(i) Notwithstanding the provisions of
paragraph (K)(2)(a) of this rule, a child with a disability who is parentally
placed in a chartered nonpublic school shall be entitled to transportation to
the same degree as any child without disabilities who is attending a chartered
nonpublic school even though transportation is not necessary for the child to
benefit from or participate in the services provided under this rule.
(ii) A child with a disability parentally
placed in a chartered nonpublic school in grades kindergarten through eight who
lives more than two miles from the chartered nonpublic school will be
transported by the school district of residence unless one of the following
applies:
(a) The direct travel time, as
measured by riding in a school bus, exceeds thirty minutes from the public
school building to which the child with a disability would be assigned if
attending the public school to the chartered nonpublic school the child is
attending; or
(b) Where it is
impractical to transport a pupil by school conveyance, a board of education may
offer payment in lieu of providing such transportation in accordance with
section 3327.02 of the Revised
Code.
(iii) Children
with disabilities who are parentally placed in a chartered nonpublic school and
are in grades nine through twelve may be offered transportation by their school
district of residence in accordance with the board rules, but are not entitled
to transportation.
(iv) No
transportation of any pupils shall be provided by any board of education to or
from any school which in the selection of pupils, faculty members or employees,
practices discrimination against any person on the grounds of race, color,
religion or national origin.
(c) Cost of transportation
The cost of the transportation described in paragraph
(K)(2)(a)(i) of this rule may be included in calculating whether the school
district where the nonpublic school is located has met the requirements of
paragraph (E) of this rule.
(L) Due process complaints and state
complaints
(1) The right to request a due
process hearing does not apply to the provision of special education and
related services the school district has agreed to provide through a services
plan. However, a parent of a child with a suspected disability, or a child
identified as having a disability, who is enrolled in a nonpublic school may
initiate a due process hearing regarding child find for parentally placed
nonpublic school children with disabilities, including location,
identification, evaluation and reevaluation of the child.
(2) Child find complaints: to be filed with
the school district in which the nonpublic school is located.
(a) The due process and mediation procedures
in rule
3301-51-05 of the Administrative
Code apply to complaints that the school district where the nonpublic school is
located has failed to meet the child find requirements in paragraph (B) of this
rule, including the requirements for location, identification, evaluation and
reevaluation of the child.
(b) Any
due process complaint regarding the child find requirements as described in
paragraph (L)(2)(a) of this rule must be filed with the school district in
which the nonpublic school is located and a copy must be forwarded to the Ohio
department of education, office for exceptional children.
(3) Complaint rights of parents of children
with disabilities placed in nonpublic schools
The parents of a child with a disability, who have unilaterally
placed the child in a nonpublic school, have the right to file a formal written
complaint under the IDEA with the Ohio department of education, office for
exceptional children. In accordance with applicable law and regulations,
complaints may be filed regarding:
(a)
The provision of services, as stated on the child's services plan;
(b) The amount of funds, including the
calculation of the proportionate share, child count and non-supplanting
provisions, for parentally placed children with disabilities enrolled in
nonpublic schools;
(c) The required
consultation for parentally placed children with disabilities enrolled in
nonpublic schools;
(d) Written
affirmation signed by the representatives of participating nonpublic
schools;
(e) Determination of
equitable services for the group of parentally placed children with
disabilities enrolled in nonpublic schools;
(f) Provision of equitable services for the
group of parentally placed children with disabilities enrolled in nonpublic
schools;
(g) Location of services
and transportation for parentally placed children with disabilities enrolled in
nonpublic schools;
(h) Requirement
that federal funds not benefit a nonpublic school;
(i) Use of personnel, including use of public
school personnel and nonpublic school personnel for parentally placed children
with disabilities enrolled in nonpublic schools;
(j) Prohibition of separate classes on the
basis of school enrollment or religion if the classes are at the same site and
the classes include students enrolled in public schools and students enrolled
in nonpublic schools;
(k) The use
of property, equipment and supplies purchased with IDEA Part B funds for the
benefit of parentally placed nonpublic school children with disabilities
enrolled in nonpublic schools.
(4) State complaints
(a) Any complaint that the Ohio department of
education or the school district where the nonpublic school is located has
failed to meet the requirements in this rule must be filed in accordance with
the procedures described in rule
3301-51-05 of the Administrative
Code.
(b) A complaint filed by a
nonpublic school official under paragraph (H)(1) of this rule must be filed
with the Ohio department of education, office for exceptional children, in
accordance with the procedures in paragraph (H)(2) of this rule.
(M) Requirement that
funds not benefit a nonpublic school
(1) A
school district may not use funds provided under Section 611 or 619 of the IDEA
to finance the existing level of instruction in a nonpublic school or to
otherwise benefit the nonpublic school.
(2) The school district where the nonpublic
school is located must use funds provided under Part B of the IDEA to meet the
special education and related services needs of parentally placed nonpublic
school children with disabilities, but not for meeting:
(a) The needs of a nonpublic school;
or
(b) The general needs of the
students enrolled in the nonpublic school.
(N) Use of personnel
(1) Use of public school personnel
A school district may use funds available under Sections 611
and 619 of the IDEA to make public school personnel available in other than
public facilities:
(a) To the extent
necessary to provide services under this rule for parentally placed nonpublic
school children with disabilities; and
(b) If those services are not normally
provided by the nonpublic school.
(2) Use of nonpublic school personnel
A school district may use funds available under Sections 611
and 619 of the IDEA to pay for the services of an employee of a nonpublic
school to provide services under this rule if:
(a) The employee performs the services
outside of his or her regular hours of duty; and
(b) The employee performs the services under
public supervision and control.
(O) Separate classes prohibited
A school district may not use funds available under Section 611
or 619 of the IDEA for classes that are organized separately on the basis of
school enrollment or religion of the children if:
(1) The classes are at the same site;
and
(2) The classes include
children enrolled in public schools and children enrolled in nonpublic
schools.
(P) Property,
equipment, and supplies
(1) A school district
must control and administer the funds used to provide special education and
related services under paragraphs (I) to (K) of this rule, and hold title to
and administer materials, equipment, and property purchased with those funds
for the uses and purposes provided in the IDEA.
(2) The school district may place equipment
and supplies in a nonpublic school for the period of time needed for the Part B
program.
(3) The school district
must ensure that the equipment and supplies placed in a nonpublic school:
(a) Are used only for Part B purposes;
and
(b) Can be removed from the
nonpublic school without remodeling the nonpublic school facility.
(4) The school district must
remove equipment and supplies from a nonpublic school if:
(a) The equipment and supplies are no longer
needed for Part B purposes; or
(b)
Removal is necessary to avoid unauthorized use of the equipment and supplies
for other than Part B purposes.
(5) No funds under Part B of the IDEA may be
used for repairs, minor remodeling, or construction of nonpublic school
facilities.
(Q) State
assessment considerations
(1)
A plan may be developed for
Children
children with disabilities who are parentally placed
in chartered nonpublic schools
for any accommodation
for or an excuse from statewide tests in accordance with section
3301.0711 of the Revised Code
and rule
3301-13-10 of the Administrative
Code
are required to take and pass state
assessments required for graduation, as outlined in rule
3301-13-01 of the Administrative
Code, in order to receive an Ohio high school diploma unless the child is
excused from the consequences of the testing requirement as set forth in
paragraph (Q)(2) of this rule. It is expected that most children with
disabilities will take and pass state assessments.
(2) If a child has a disability that
requires a curriculum that is modified substantially from what the state
assessment measures, the child may be excused from taking one or more of the
state assessments as outlined in rule
3301-13-01 of the Administrative
Code. The IDEA requirements for alternate assessment do not apply to children
with disabilities enrolled in chartered nonpublic schools.
(3) A child, parentally placed in a
chartered nonpublic school, may receive allowable accommodations when taking
state assessments or may be excused from the consequences of state assessments
as outlined in rule
3301-13-01 of the Administrative
Code if one of the following conditions apply:
(a) A current services plan,
documenting that the child is excused from the consequences of the state
assessment, is in place. This plan has been developed by the services plan
team, including the parent, and special education services are being provided
by federally funded personnel or auxiliary personnel or a combination of both
federally funded and auxiliary funded personnel; or
(b) A current services plan,
documenting that the child will receive allowable accommodations on the state
assessment, is in place. This plan has been developed by the services plan
team, including the parent, and special education services are being provided
by federally funded personnel or auxiliary personnel or a combination of both
federally funded and auxiliary funded personnel; or
(c) The chartered nonpublic school
has developed a written plan, documenting that the child is excused from the
consequences of the state assessment. The written plan must meet all of the
requirements of rule
3301-13-10 of the Administrative
Code; or
(d) The chartered nonpublic school
has developed a written plan, documenting that the child will receive allowable
accommodations on the state assessment. The written plan must meet all of the
requirements of rule
3301-13-10 of the Administrative
Code.
(4)(2) Chartered nonpublic
school personnel cannot prohibit children with disabilities from taking any
state assessment that children without disabilities of the same age and grade
level are required to take.
(5)(3) Chartered nonpublic
school personnel cannot force a child who would otherwise take an alternate
assessment to take any state assessment that children without disabilities of
the same age and grade level are required to take.
(6)(4) Chartered nonpublic
school personnel cannot deny a diploma to a child with a disability who has
been excused from the consequences of the state assessment or who would
otherwise take an alternate assessment if all other requirements for graduation
have been met.
(R) Autism scholarship program Jon
Peterson special needs scholarship program considerations
(1) Children who are participating
in the "Autism Scholarship Program," established by section 3310.41 of the
Revised Code, or the "Jon Peterson Scholarship Program," established by section
3310.52 of the Revised Code (the "scholarship programs"), and attending either
a chartered or non-chartered nonpublic school may be eligible to receive
services funded through IDEA private school proportional share funds if the
children meet the eligibility requirements pursuant to Chapters 3301-103 and
3301-101 of the Administrative Code. Children who are participating in the
autism scholarship program and attending either a chartered or non-chartered
nonpublic school may be eligible to participate in the early childhood special
education flow-through benefits if the children meet the eligibility
requirements as outlined in Chapter 3301-103 of the Administrative
Code.
(a) Evaluations and re-evaluations
shall be conducted in accordance with rule
3301-51-06 of the Administrative
Code and Chapters
3301-103 and
3301-101 of the Administrative
Code.
(b) The school district of residence
shall create the IEP that is required for children to participate in the
scholarship programs.
(2) Children who are attending a
chartered nonpublic school and are receiving services under a scholarship
program may also receive special education and related services through
auxiliary services funds, provided the services paid for by auxiliary services
funds are not the same services that are being paid for with scholarship funds.
The auxiliary services fund must provide special education and related services
that are in addition to the services funded by a scholarship
program.
(3) The district of residence is not
required to make FAPE available to a child with a disability who resides in the
district and is participating in either scholarship program, however, the
parent of a child participating in either scholarship program has a right to
file a written complaint or a request for a due process hearing as provided by
rule 3301-51-05 of the Administrative
Code. A complaint or request for a due process hearing may allege that the
district of residence violated a requirement of IDEA, but may not allege a
violation of any requirements involving the implementation of the IEP and
whether the child has received FAPE.
Notes
Ohio Admin. Code
3301-51-08
Effective:
7/1/2023
Five Year Review (FYR) Dates:
10/14/2022 and
07/01/2028
Promulgated
Under: 119.03
Statutory
Authority: 3301.07,
3301.07(J),
3323.041,
3310.64
Rule
Amplifies: 3323.041
Prior
Effective Dates: 07/01/2008, 09/22/2012,
07/01/2014
