(A) Least restrictive environment (LRE)
Each school district
educational agency shall ensure that to the
maximum extent appropriate, children with disabilities, including children in
public or nonpublic institutions or other care facilities, are educated with
children who are nondisabled
non disabled.
(B)
LRE
Least restrictive environment requirements
General
(1) Except as
provided in rule
3301-51-07 of the Administrative
Code regarding children with disabilities in adult prisons, each school
district shall adopt and implement written policies and procedures approved by
the Ohio department of education, office for exceptional children, to ensure
that the school district meets the
LRE
least restrictive environment requirements of
this rule.
(2) Each
school district
educational agency must ensure that:
(a) To the maximum extent appropriate,
children with disabilities, including children in public or nonpublic
institutions or other care facilities, are educated with children who are
nondisabled
non
disabled; and
(b) Special
classes, separate schooling, or other removal of children with disabilities
from the regular educational environment occurs only if the nature or severity
of the disability is such that education in regular classes with the use of
supplementary aids and services cannot be achieved satisfactorily.
(C) Continuum of
alternative placements
(1) Each
school district
educational agency must ensure that a continuum of
alternative placements is available to meet the needs of children with
disabilities for special education and related services.
(2) The continuum required in paragraph
(C)(1) of this rule must:
(a) Include the
alternative placements listed in the definition of special education under rule
3301-51-01 of the Administrative
Code (instruction in regular classes, special classes, special schools, home
instruction, and instruction in hospitals and institutions); and
(b) Make provision for supplementary services
(such as resource room or itinerant instruction) to be provided in conjunction
with regular class placement.
(D) Placements
In determining the educational placement of a child with a
disability, including a preschool child with a disability, each
school district
educational agency must ensure that:
(1) The placement decision:
(a) Is made by a group of persons, including
the parents and other persons knowledgeable about the child, the meaning of the
evaluation data, and the placement options; and
(b) Is made in conformity with the
LRE
least
restrictive environment provisions in paragraphs (B) to (E) of this
rule.
(2) The child's
placement:
(a) Is determined at least
annually;
(b) Is based on the
child's individualized education program (IEP); and
(c) Is as close as possible to the child's
home;
(3) Unless the IEP
of a child with a disability requires some other arrangement, the child is
educated in the school that the child would attend if
nondisabled
non
disabled;
(4) In selecting
the
LRE
least
restrictive environment, consideration is given to any potential harmful
effect on the child or on the quality of services that the child needs;
and
(5) A child with a disability
is not removed from education in age-appropriate regular classrooms solely
because of needed modifications in the general education curriculum.
(E) Nonacademic settings
In providing or arranging for the provision of nonacademic and
extracurricular services and activities, including meals, recess periods, and
the services and activities set forth in rule
3301-51-02 of the Administrative
Code, each school district must ensure that each child with a disability
participates with nondisabled
non disabled children in the extracurricular
services and activities to the maximum extent appropriate to the needs of that
child. The school district
educational agency must ensure that each child
with a disability has the supplementary aids and services determined by the
child's IEP team to be appropriate and necessary for the child to participate
in nonacademic settings.
(F) Length of school day and school year
Each child with a disability shall be ensured:
(1) A school day consistent with rule
3301-35-06 of the Administrative
Code and consistent in length to that provided
nondisabled children
to a
child without disabilities, with special education and related services
being provided during the regular school day unless otherwise indicated on the
IEP; and
(2) A school year
consistent with rule
3301-35-06 of the Administrative
Code and consistent in length to that provided to
nondisabled children
a
child without disabilities with special education and related services
being implemented at the beginning of each school year.
(G) Role of preschool and school-age service
providers
(1) The school district shall ensure
that preschool and school-age service providers for children with disabilities
participate in the district's strategic planning process as described in
paragraph (A)(9) of rule
3301-35-03 of the Administrative
Code.
(2)(1) The
school district
educational agency shall assign early childhood, and
schoolage intervention specialists,
and/ or
related service
specialists
providers to meet the unique educational needs of
each child with a disability. The schoolage service provider may provide
indirect or direct services in one or any combination of instructional
groupings, including large group, small group, individual instruction, or
parent and teacher training and consultation.
(3)(2) The school district
shall ensure early childhood and school-age intervention specialists,
and/ or related service
specialists
providers:
(a) Serve
children with disabilities to assure a free appropriate public education
(FAPE) and may serve children
who are not disabled
without disabilities where needs for
these services are identified;
(b) Support regular education teachers in
serving and/or consulting about children with and without disabilities so that
the regular education personnel, in partnership with the special education
service providers
and related service personnel,
can implement
the
a child's
IEP
individualized education program in the least
restrictive environment;
(c) Assist
in organizing and facilitating supplemental supports provided within the
regular classroom;
(d) Design
parent involvement activities; and
(e) Implement educational interventions and
specially designed instruction which means adapting, as appropriate, to the
needs of the eligible child, the content, methodology, or delivery of
instruction:
(i) To address the unique needs
of the child that result from the child's disability; and
(ii) To ensure access to the general
curriculum so that the child can meet the educational standards adopted by the
state board of education that apply to all children.
(4)(3) The
school district
educational agency shall ensure services of
paraprofessionals and related service assistants are supervised in accordance
with Ohio law.
(H)
Personnel qualifications and personnel development
(1) General
The school district
educational agency must ensure that all personnel
necessary to carry out the purposes of Part B of the Individuals with
Disabilities Education Act, as amended by the Individuals with Disabilities
Education Improvement Act of 2004, December 2004 (IDEA) shall be employed and
shall be appropriately and adequately prepared and trained, including that
those personnel have the content knowledge and skills to serve children with
disabilities. Personnel shall have appropriate certification or licensure as
defined by Chapter 3301-24 of the Administrative Code.
(2) Related services personnel and
paraprofessionals
The qualifications under paragraph (H)(1) of this rule must
include qualifications for related services personnel and paraprofessionals
that:
(a) Are consistent with
state-approved or state-recognized certification, licensing, registration, or
other comparable requirements that apply to the professional discipline in
which those personnel are providing special education or related services;
and
(b) Ensure that related
services personnel who deliver services in their discipline or profession:
(i) Meet the requirements of paragraph
(H)(2)(a) of this rule; and
(ii)
Have not had certification or licensure requirements waived on an emergency,
temporary, or provisional basis; and
(iii) Allow paraprofessionals and assistants
who are appropriately trained and supervised, in accordance with state law,
regulation, or written policy, in meeting the requirements of this rule, to be
used to assist in the provision of special education and related services under
this rule to children with disabilities.
(a)
Paraprofessionals providing services to children with disabilities shall hold
an educational aide permit or associate license and meets requirements under
paragraph (I) of rule
3301-24-05 of the Administrative
Code. Any school district that employs a paraprofessional shall have written
policies and procedures outlining:
(i)
Criteria for staff selection;
(ii)
A planned sequence of continuing education and annual training opportunities to
enable the paraprofessional to continue to develop the knowledge and skills
that are specific to the students with whom the paraprofessional works,
including following lesson plans, implementing follow-up instructional
procedures and activities, supporting effective classroom organization and
behavior management, and working effectively with teachers and as part of an
instructional team;
(iii) A process
for direct continuing supervision by one or more licensed teachers or service
providers and evaluation of the services of such personnel; and
(iv) A job description of the role and
function of a paraprofessional.
(b) Personnel serving as school psychology
interns shall hold a temporary pupil service license as required by paragraph
(A)(5) of rule
3301-23-44 of the Administrative
Code and shall be enrolled in school psychologist preparation programs while
completing the program internship.
(c) Require that personnel serving as
physical therapists are licensed pursuant to Chapter 4755. of the Revised Code
to practice physical therapy; physical therapist assistants are licensed
pursuant to Chapter 4755. of the Revised Code to assist in the provision of
physical therapy services under the supervision of a licensed physical
therapist; and physical therapists and physical therapist assistants practice
in accordance with sections
4755.40 to
4755.56 of the Revised Code and
Chapters 4755-21 to 4755-29 of the Administrative Code.
(d) Require that personnel serving as
occupational therapists are licensed pursuant to Chapter 4755. of the Revised
Code to practice occupational therapy; occupational therapy assistants are
licensed pursuant to Chapter 4755. of the Revised Code to assist in the
provision of occupational therapy services under the supervision of a licensed
occupational therapist; and occupational therapists and occupational therapy
assistants practice in accordance with sections
4755.04 to
4755.13 of the Revised Code and
Chapters 4755-1 to 4755-9 of the Administrative Code.
(3) Qualifications for
special education teachers
The qualifications described in paragraph (H)(1) of this rule
must ensure that each person employed as a public school special education
teacher in the state who teaches in an elementary school, middle school, or
secondary school is highly qualified as a special
education teacher by the deadline established in Section 1119(a)(2) of the
Elementary and Secondary Education Act of 1965, as amended by the No Child Left
Behind Act of 2001, January 2002, 20 U.S.C. 6301 (ESEA)
has obtained full state certification as a special
education teacher and include qualifications for special education teachers
that:
.
(a)
Are consistent
with state-approved or state-recognized certification, licensing, registration,
or other comparable requirements that apply to the professional discipline in
which those personnel are providing special education or related services;
and
(b)
Ensure that licensed special education teachers who
deliver services in their discipline or profession:
(i)
Meet the
requirements of paragraph (H)(3)(a) of this rule; and
(ii)
Have not had
certification or licensure requirements waived on an emergency, temporary, or
provisional basis.
(4) Qualifications for supervisory personnel
Personnel with supervisory responsibilities for the delivery of
special education services shall be appropriately
licensed
hold a valid administrative
specialist license and be appropriately licensed as required by rule
3301-24-05 of the Administrative
Code and in compliance with each educational agency's approved board
policies.
"Supervisory and
coordinator services" includes, but is not limited to, providing information
and explanation to all personnel who provide special education and related
services to students with disabilities regarding state and federal laws,
educating staff on recommended practices, and other topics essential for the
delivery of services to children with disabilities; helping school district
personnel evaluate the effectiveness of special education and related services;
and providing inservice education to parents and personnel involved in
educating children with disabilities.
(5) Policy
(a)
School
districts
Educational agencies in the
state shall take measurable steps to recruit, hire, train, and retain
highly qualified personnel
proper state certification to provide special
education and related services under this rule to children with
disabilities.
(b) Personnel shall
be provided professional development that aligns with
school district
educational agency goals and objectives and meets the
changing needs of children as required by
paragraph
(A)(8) of rule
3301-35-05 of the Administrative
Code.
(6) Rule of
construction
Notwithstanding any other individual right of action that a
parent or child may maintain under this rule, nothing in this rule shall be
construed to create a right of action on behalf of an individual child or a
class of children for the failure of a particular Ohio department of education
or school district
educational agency employee to be
highly qualified
properly certified, or to prevent a parent from filing
a complaint about staff qualifications with the Ohio department of education as
provided for under this rule.
(7)
Transition
services
Transition services shall be
coordinated and provided by individuals who have the competencies, experiences,
and training to meet the child's transition service needs.
(a)
Individuals who
coordinate transition services shall either:
(i)
Obtain the
transition to work endorsement as defined in rule
3301-24-05 of the Administrative
Code; or
(ii)
Possess the skills and knowledge as defined in rule
3301-51-01 of the Administrative
Code.
(b)
Individuals who provide transition services as defined
in rule 3301-51-01 of the Administrative
Code will possess the appropriate credential, skills, or knowledge necessary to
carry out the transition services designated within the child's individualized
education program.
(I) Service provider workload determination
for delivery of services
School districts, county boards of
developmental disabilities and other educational agencies shall determine
workload for an individual service provider based upon all of the factors set
forth in paragraphs (I)(1) to (I)(3) of this rule
Educational agencies providing special education and
related services to children with disabilities will ensure that the educational
agency and all service providers implement the individualized education
programs for each child with a disability in the classrooms, including resource
rooms, in which they provide service during regular school hours based upon all
of the factors set forth in this rule. For additional preschool service
provider workload determination see rule
3301-51-11 of the Administrative
Code.
(1) Workload for an
individual service provider shall be determined by the following
proces
process, which incorporates the following components:
(a) All areas of service provided to children
with and without disabilities, including, but not limited to school duties,
staff meetings, professional development, supervisions, travel/transitions,
screening, assessment, evaluation, progress documentation and reporting,
secondary transition service planning,
conference
conferencing/consultation
pertaining to individual students
collaborative planning, documentation for
individual students, and third party billing requirements.
(b)
Services for
children with disabilities will be based on the unique needs of the individual
child and will take into consideration
The
the severity of
each
eligible child's need, and the level
and frequency of services necessary to provide a free and appropriate public
education.
(c) Time needed for
planning in accordance with
paragraph (A)(9)
of rule
3301-35-05 of the Administrative
Code including statutory and/or contractual agreements applicable to the
educational agency.
(2)
School-age service providers
serving grades
kindergarten through age twenty-one will provide specially designed
instruction in accordance with the following requirements limiting the number
of students per licensed professional, as set forth in paragraphs (I)(2)(a) to
(I)(2)(h)
(I)(2)(g) of this rule. .
(a) An intervention specialist shall serve no
more than sixteen children at the elementary, middle, or junior high school
levels, or no more than twenty-four children at the high school level with
intellectual disabilities.
(i) No more than
twelve children at the elementary, middle, or junior high school levels, or no
more than sixteen children at the senior high school level shall be served
during any one instruction period.
(ii) The age range shall not exceed sixty
months within any one instructional period.
(b) An intervention specialist shall serve no
more than sixteen children at the elementary, middle, or junior high school
levels, or no more than twenty-four children at the high school level with
specific learning disabilities.
(i) No more
than twelve children shall be served during any one instructional
period.
(ii) The age range shall
not exceed sixty months within any one instructional period.
(c) An intervention specialist
shall serve no more than ten children with hearing impairments, visual
impairments, orthopedic impairments, and/or other health impairments.
(i) No more than eight children shall be
served during any one instructional period.
(ii) The age range shall not exceed
forty-eight months within any one instructional period.
(d) An intervention specialist shall serve no
more than twelve children with emotional disturbances.
(i) No more than ten children shall be served
during any one instructional period.
(ii) The age range shall not exceed
forty-eight months within any one instructional period.
(iii) There should be a plan on file and in
operation in the school district to provide appropriate classroom management
and crisis intervention support.
(iv) In the absence of a plan, the school
district shall employ at least one full-time paraprofessional in each special
class for these children.
(e) An intervention specialist shall serve no
more than eight children with multiple disabilities.
(i) No more than eight children shall be
served during any one instructional period.
(ii) The age range shall not exceed sixty
months within any one instructional period.
(iii) There shall be at least one full-time
paraprofessional in each special class for children with multiple
disabilities.
(f) An
intervention specialist shall serve no more than six children with autism,
deaf-blindness and/or traumatic brain injury.
(i) The age range shall not exceed sixty
months within any one instructional period; and
(ii) There shall be at least one full-time
paraprofessional in each special class for these children.
(g) An intervention specialist may serve
multiple categories of children with disabilities
for
which the person is properly certified. The ratio for this service shall
be determined in accordance with paragraph (I)(1) of this rule and shall not
exceed sixteen children at the elementary, middle, or junior high school
levels, or no more than twenty-four at the high school level.
(i) No more than sixteen children at the
elementary, middle, or junior high school levels, or no more than
twenty four
twenty-four children at the high school level shall be
served during any one instructional period.
(ii) The age range shall not exceed sixty
months within any one instructional period.
(iii) Indirect and direct services shall be
provided in accordance with each child's
IEP
individualized
education program.
(h)
An adapted
physical education specialist shall serve no more than one hundred children
with disabilities.
(3) Related service providers for preschool
and school-age children with disabilities shall provide specially designed
instruction in accordance with the following requirements limiting the number
of students per licensed
progressional
professional:
(a) An adapted physical education
specialist shall provide services to no more than one hundred children with
disabilities.
(b)(a) An audiologist
shall provide services to no more than one hundred school-age children with
disabilities or no more than seventy-five preschool children with
disabilities.
(c)(b) An occupational
therapist shall provide services to no more than fifty school-age children with
disabilities or no more than forty preschool children with disabilities. An
occupational therapy assistant who provides occupational therapy techniques
must do so under the general supervision of an occupational therapist as
required by rules
4755-7-01 and
4755-7-03 of the Administrative
Code.
(d)(c) An orientation and
mobility instructor shall provide services to no more than fifty school-age
children with disabilities or no more than forty preschool children with
disabilities.
(e)(d) A physical
therapist shall provide services to no more than fifty school-age children with
disabilities or no more than forty preschool children with disabilities. A
physical therapist assistant who assists in the provision of physical therapy
services must do so under the supervision of a physical therapist as required
by Chapter 4755-27 of the Administrative Code.
(f)(e) A speech and
language pathologist shall provide services to no more than:
(i) Eighty school-age children with
disabilities, or
(ii) No more than
fifty school-age children with multiple disabilities, hearing impairments,
autism,
or orthopedic
impairments or
/other health impairments, or
(iii) No more than fifty preschool children
with disabilities, or
(iv) A
combination of preschool and school-age children with disabilities or children
with multiple disabilities, hearing impairment, autism,
or orthopedic
impairments, or
/other health impairments proportionate to the
ratios set forth in paragraphs (I)(3)(f)(i) to (I)(3)(f)(iii) of this rule.
Each school district shall provide speech and language
pathology services as required by division (F) of section
3317.15 of the Revised
Code.
(g)(f) A school
psychologist shall provide services to no more than:
(i) One hundred twenty-five school-age
children with disabilities, or
(ii)
Seventy-five preschool children with disabilities, or
(iii) A combination of preschool and
school-age children with disabilities proportionate with the ratios set forth
in paragraphs (I)(3)(
g
f)(i) and (I)(3)(
g
f)(ii) of this
rule.
Psychological services are defined in
paragraph (B)(54)(b)(xiii) of rule
3301-51-01 of the Administrative
Code. Each school district shall provide school psychological services as
required by division (F) of section
3317.15 of the Revised
Code.
(4) Transition services
shall be:
(a) A work-study coordinator shall
provide services to seventy-five children with disabilities.
(b) A vocational special education
coordinator shall provide services to fifty children with
disabilities.
(a)
Coordinated by personnel who possess the credential or
skills and knowledge as defined in this rule;
(i)
Personnel
coordinating transition services will provide services to no more than
seventy-five children with disabilities age fourteen through twenty-one,
inclusive, or younger if determined appropriate by the individualized education
program team; and
(ii)
Personnel coordinating transition services will provide
services to no more than twenty intervention specialists who are providing
services to students with disabilities age fourteen through twenty-one,
inclusive, or younger as determined appropriate by the individualized education
program team.
(b)
Provided per division (O) of section
3323.01 of the Revised Code by
individuals who possess the credential or skills and knowledge as defined in
this rule.
(c)
Personnel coordinating and providing transition
services while serving in the capacity of a school age or related service
provider will operate in accordance with the workload determination for
delivery of service as defined in this rule and requirements limiting the
number of students per licensed professional as described in this
rule.
(5)
Supervisory services
A supervisor, as required in this rule,
will:
(a) A supervisor shall provide
services to twenty intervention specialists who are providing services to
children with disabilities; or
(a)
Provide services,
to no more than twenty intervention specialists who are providing services to
children with disabilities; or
(b)
A supervisor
shall provide
Provide services to
no more than twenty speech and language
pathologists; or
(c)
A supervisor shall provide
Provide services to
no
more than twenty school psychologists.
(d)
An
Supervise an occupational therapy assistant
must be supervised as required by rule
4755-7-01 of the Administrative
Code.
(e)
Supervise a
A
physical therapist assistant
must be
supervised as required by Chapter 4755-27 of the Administrative
Code.
(J)
Housing, facilities, materials, and equipment and supplies for preschool and
school-age programs
(1) Children and service
providers must have a service area that will accommodate the special needs of
the children in attendance and
shall be
large enough
of
sufficient capacity to accommodate the use and storage of special
equipment and teaching materials. Service areas used for special education
classrooms must be equivalent to those used for general education
classrooms.
(2) Each service
provider must have access to an office or room space suitable for private
consultation or intervention; access to a telephone in an area where
scheduling, parent contacts, and confidential conversations regarding children
can be completed; and adequate office equipment including a locking file
cabinet with a key and supplies.
(3) Service areas must be equipped with the
appropriate materials, equipment, and facilities necessary to identify children
with disabilities and to implement the child's
IEP
individualized
education program and meet the educational, physical, developmental, and
learning needs of children within the area.
(4) The service areas for intervention
specialists shall be located in the section of the building that houses
regular education children
without disabilities of comparable age.
(5) The service areas must provide a work
environment that supports service providers and is conducive to children's
learning consistent with rule
3301-35-05 of the Administrative
Code. Instructional materials, equipment, and technology shall be provided to
support each child's progress toward meeting educational objectives
as required in paragraph (I)(1) of rule
3301-35-06 of the Administrative
Code.
(6) Evaluation and
instructional materials and equipment shall be provided to enable the child
with a disability to progress in the general curriculum or in the case of
preschool, developmentally appropriate activities, and meet both
IEP
individualized
education program and performance objectives.
(7) Children with disabilities shall have the
same access to textbooks, educational materials, and computer technology that
is provided to
regular education children
without disabilities.
(8) Additional materials and/or technology
must be provided to allow children with disabilities access to the materials
used in the general curriculum.
(9)
Equipment that is utilized for children with disabilities shall be adequately
maintained and promptly repaired.
(K) Waiver
(1) If
a school
district, county board of developmental disabilities or other
an educational agency exceeds the workload
requirements in paragraph (I) of this rule a waiver request must be filed with
the Ohio department of education, office for exceptional children.
A school district, county board of developmental
disabilities or other
An educational
agency may be granted a waiver for individual service provider limits or for
age-range per instructional period as required by this rule.
(2) Requests must be submitted in writing to
the Ohio department of education, office for exceptional children or office of
early learning and school readiness. The written request shall include, but not
be limited to, the following:
(a)
Identification of the specific rule for which a waiver is being
requested;
(b) Specific period of
time for which the waiver is requested; and
(c) Rationale for the request.
(3) Each school district, county
board of developmental disabilities or other educational agency shall annually
review the reason for its request as it plans for the delivery of services
through the strategic planning process as required by paragraph (A) of rule
3301-35-03 of the Administrative
Code.
(L) Prohibition on mandatory medication
(1) General
School district personnel are prohibited from requiring parents
to obtain a prescription for substances identified under schedules I, II, III,
IV, or V in Section 202(c) of the Controlled Substances Act as amended and
specified in the Anabolic Steroids Control Act of 1990, November 1990,
21 U.S.C.
812(c) for a child as a
condition of attending school, receiving an evaluation under rule
3301-51-06 of the Administrative
Code, or receiving services under this rule.
(2) Rule of construction
Nothing in paragraph (L)(1) of this rule shall be construed to
create a federal prohibition against
teachers and other school personnel consulting or sharing classroom-based
observations with parents or guardians regarding a child's academic and
functional performance, or behavior in the classroom or school, or regarding
the need for evaluation for special education or related services under rules
3301-51-03 and
3301-51-06 of the Administrative
Code.
Notes
Ohio Admin. Code
3301-51-09
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),
3323.02,
3323.04,
3323.07,
Rule
Amplifies: 3323.02,
3323.04,
3323.07,
3323.11
Prior
Effective Dates: 07/01/2002, 07/01/2008, 07/23/2010,
07/01/2014
