(See Overview in the Introduction for more information on the SPP.)

SPP 3:

Participation and performance of children with disabilities on statewide assessments:

B. Participation rate for children with IEPs in a regular assessment with no accommodations; regular assessment with accommodations; and alternate assessment against grade level standards. (20.U.S.C. 1414 (a)(3)(A))

C. Proficiency rate for children with IEPs against grade level standards and alternate achievement standards (20.U.S.C. 1414 (a)(3)(A))

SPP 13:

Secondary transition:

Percent of youth aged 16 and above with an IEP that includes coordinated, measurable, annual IEP goals and transition services. (20.U.S.C. 1414 (a)(3)(B))

To consider in the development of the individualized education program (IEP), those areas presented by the child's disability that may influence his or her progress in the general curriculum.

3301-51-07
(L) Development, review, and revision of IEP
(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.

Based on the child's needs as summarized in the child's evaluation team report (ETR), progress reports and other information provided by the child's parents or school personnel, the IEP team must determine if there are issues related to any of the following factors:

• Behavior;
• Limited English proficiency;
• Visual impairment;
• Communication;
• Deaf or hard of hearing;
• Assistive technology devices and services; or
• Physical education.

In addition to special factors, the team considers testing and assessment programs.

• Testing and assessment programs; and
• Discussions regarding special factors and testing are documented on the IEP.

See Annotations for the IEP PR-07 Form.

3301-51-07
(L)(Development, review, and revision of IEP
(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.

If the child's behavior impedes his or her learning or the learning of others, the IEP team must specifically consider the child's behavioral needs. A history of behavioral problems may indicate the need to address the child's behavior through the IEP process. The IEP team determines which behaviors are significant and need to be addressed.

See Annotations for the IEP PR-07 Form.

The FBA is a data-driven collaborative process that is used to describe the function or purpose served by a child's behavior. By gathering information and baseline data through direct and indirect measures, the team probes beyond "what the behavior looks like" to understand the cause or purpose of the behavior. Identifying the function of a behavior determines the child's need(s) and results in the design of effective behavioral interventions that teach more appropriate behavior and may result in the child having his or her needs appropriately met.

Behavior intervention plans are teaching tools. Multiple strategies are employed to design interventions and supports, addressing four areas:

• Adjustment of environmental factors;
• Decreasing interfering behaviors;
• Teaching of and increasing replacement behaviors; and
• Strengthening existing skills.

The BIP should include:

• Intervention techniques and/or program modifications;
• Specific descriptions of typical routines and most difficult problem situations for the child;
• A monitoring and evaluation plan;
• Identification of the school professional who will be responsible for the overall coordination of the behavior intervention plan; and
• Identification of individual responsibilities for data collection and facilitating specific interventions described in the plan, and reporting on the success of the interventions.

The BIP becomes part of the IEP and cannot be revised without an IEP meeting.

School districts and community schools are prohibited from using prone restraint, a restraint which involves the restraint of an individual in a face-down position for an extended period of time. This practice has been banned by Executive Order 2009-13S, signed by Governor Strickland on August 3, 2009. Additionally, the executive order sets specific requirements and techniques for the use of transitional hold and limits the use of other types of physical restraints.

3301-51-09
(I) Service provider ratios for delivery of services
(2) School-age service providers will provide direct services in accordance with the following ratios:
(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.

School personnel will design and implement a crisis intervention plan for classrooms that have children with emotional disturbances and do not have an instructional aide. This plan will be in place at the beginning of the school year.

A crisis intervention plan is required to provide support to teachers and ensure a safe learning environment. Any time a new risk is identified, the plan should be reviewed and, if necessary, modified to minimize risks.

A crisis intervention plan consists of the following:

• Location of classrooms in a building where children with identified behavior challenges are instructed;
• The name of the person responsible for the plan;
• Titles of personnel who can provide classroom management support to the teacher; and
• Titles of building personnel who will assist the teacher in crisis intervention.

In the event that there may be several children in a building for whom behavior is a concern, the plan should also address:

• Procedures for assigning personnel and dealing with simultaneous incidents; and
• The role and functions of personnel assisting the teacher during a crisis.

School personnel involved in implementing the plan will be given a copy of the plan.

The plan will be evaluated for effectiveness annually, in writing, and will be modified as needed.

3301-51-07
(L) Development, review, and revision of IEP
(b) Consideration of special factors
The IEP team must:

(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.

LIMITED ENGLISH PROFICIENT (definition from section 9101(25) of the Elementary and Secondary Education Act of 1965, as amended and reauthorized by the No Child Left Behind Act of 2001, January 2002.20 U.S.C. 6301 (ESEA)- when used with respect to an individual means an individual–

(A) who is aged 3 through 21;

(B) who is enrolled or preparing to enroll in an elementary or secondary school;

(C)(i) who was not born in the United States or whose native language is a language other than English;

(ii)(I) who is an American Indian or Alaskan Native, or a native of the outlying areas; and

(II) who comes from an environment where a language other than English has had a significant impact on the individual's level of English language proficiency; or

(iii) who is migratory, whose native language is a language other than English, and who comes from an environment where a language other than English is dominant; and

(D) whose difficulties in speaking, reading, writing, or understanding the English language may be sufficient to deny the individual–

(i) the ability to meet the State's proficient level of achievement on state assessments described in section 111(b)(3);

(ii) the ability to successfully achieve in classrooms where the language of instruction is English; or

(iii) the opportunity to participate fully in our society.

It is important to note that the No Child Left Behind (NCLB) definition for LEP addresses both language and academic achievement. While language affects entire communities, academic achievement varies from child to child. Children with limited English proficiency are those children who are not achieving academically due to an insufficient level of English language proficiency.

See Annotations for the IEP PR-07 Form.

3301-51-01
(B) Definitions
The following terms are defined as they are defined in rules 3301-51-01 to 3301-51-09 and 3301-51-11 of the Administrative Code.
(d)Definitions of disability terms. The terms used in this definition of a "child with a disability" are defined as follows:
(xiii) "Visual impairment" including blindness means an impairment in vision that, even with correction, adversely affects a child's educational performance. The term includes both partial sight and blindness. Visual impairment for any child means:

(a) A visual impairment, not primarily perceptual in nature, resulting in a measured visual acuity of 20/70 or poorer in the better eye with correction; or

(b) A physical eye condition that affects visual functioning to the extent that special education placement, materials and/or services are required in an educational setting.

3301-51-07
(L) Development, review, and revision of IEP
(b) Consideration of special factors
The IEP team must:

(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. 20 USC 1414 (d)(3)(B)

(b) Ensure that the requirements for IEPs for children with visual impairments are implemented as provided in section 3323.011 of the Revised Code.

According to Ohio Rules, "visual impairment" means an impairment in vision that, even with correction, adversely affects a child’s educational performance. The term includes both partial sight and blindness. Visual impairment for any child is defined as:

• A visual impairment, not primarily perceptual in nature, resulting in a measured visual acuity of 20/70 or poorer in the better eye with correction; or
• A physical eye condition that affects visual functioning to the extent that special education placement, materials and/or services are required in an educational setting.

This definition recognizes that the degree of visual impairment may vary significantly among individuals. One may have no functional vision at all and require learning through the tactile sense, using Braille, while another may be able to read and write printed materials with modifications. It is essential that an appropriate learning medium be carefully chosen, no matter how much functional vision a child displays. Ongoing review of the status of a child's visual abilities is essential to judge if a change of learning medium is needed or will be needed in the future.

The Ohio Revised Code (3323.19) states that within three months after a student identified with disabilities begins receiving services for the first time under an IEP, the school district in which the student is enrolled shall require the student to undergo a comprehensive eye examination.

• This examination is not required if the student underwent such an examination within the nine-month period immediately before being identified with disabilities.
• The school district is not responsible for providing or paying for this eye examination.
• Any student who has not undergone this required eye examination shall not be prohibited from initiating, receiving, or continuing to receive services prescribed in the student's IEP.
• This requirement does not replace the need to determine a student's visual abilities as part of the evaluation process.

If the child is visually impaired or is predicted to become visually disabled in the future, the team must determine if instruction in Braille or the use of Braille is appropriate for the child.

To do this, the team must review the evaluation results relating to:

• The child’s reading skills;
• The child’s writing skills;
• The child's computing skills;
• The child’s needs;
• Appropriate reading media;
• Appropriate writing media;
• The child’s future needs for instruction in Braille or the use of Braille; and
• The child’s needs for assistive technology devices and services.

The team also must consider other appropriate supports, supplemental aids and services, and instruction to address a child’s visual needs, such as enlarged print materials, audiotaped materials, math manipulatives or National Instructional Materials Accessibility Standard (NIMAS) formatted materials.

The IEP team must assure that decisions regarding the child's primary learning mode are integrated into the present levels of academic achievement and functional performance, goals and objectives, and services for that child. The IEP team also must assure that the child's instruction in Braille reading and writing is provided by personnel licensed to teach individuals with visual impairments.

See Annotations for the IEP PR-07 Form.

3301-51-01
(B) Definitions
The following terms are defined as they are used in rules 3301-51-01 to 3301-51-09 and 3301-51-11 of the Administrative Code.
(b) Individual related services terms defined. The terms used in this rule defined as follows:

(v) "Interpreting services" includes:

(a) The following, when used with respect to children who are deaf or hard of hearing: oral transliteration services, cued language transliteration services, sign language transliteration and interpreting services, and transcription services, such as "communication access real-time translation (CART)," "C-Print," and "TypeWell"; and

(b) Special interpreting services for children who are deaf-blind.

3301-51-07
(L) Development, review, and revision of IEP
(b) Consideration of special factors
The IEP team must:

(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.

The IEP team must consider the child’s communication needs.

See Annotations for the IEP PR-07 Form.

Interpreting services are defined as a related service, and when used with children who are deaf or hard of hearing, include:

• Oral transliteration services;
• Cued language transliteration services;
• Sign language transliteration and interpreting services;
• Transcription services, such as communication access real-time translation (CART), C-Print, and TypeWell; and
• Special interpreting services for children who are deaf-blind.

For a child with a hearing impairment, the team will determine if interpreting services are necessary. If the team determines that interpreting is appropriate, the IEP should contain:

• A statement by the interpreter or a consultant or knowledgeable person regarding the language or communication mode to be used with the child, whether American Sign Language (ASL), a manual English system, cued speech, finger spelling or oral interpreting;
• A statement describing the extent that interpreting will be used for various activities, such as person-to- person communication, group communication and media presentations;
• If applicable, the IEP should include a statement describing the extent that interpreting services will be used for written materials.

3301-51-07
(L) Development, review, and revision of IEP
(b) Consideration of special factors
The IEP team must:
(v) Consider whether the child needs assistive technology devices and services.

3301-51-01
(B) Definitions
The following terms are defined as they are used in rules 3301-51-01 to 3301-51-09 and 3301-51-11 of the Administrative Code:
(2) "Assistive technology device" means any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve the functional capabilities of a child with a disability. The term does not include a medical device that is surgically implanted, or the replacement of such device.
(3) "Assistive technology service" means any service that directly assists a child with a disability in the selection, acquisition, or use of an assistive technology device. The term includes:

(a) The evaluation of the needs of a child with a disability, including a functional evaluation of the child in the child’s customary environment;

(b) Purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by children with disabilities;

(c) Selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing assistive technology devices;

(d) Coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs;

(e) Training or technical assistance for a child with a disability or, if appropriate, that child’s family; and

(f) Training or technical assistance for professionals (including individuals providing education or rehabilitation services), employers, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of that child.

3301-51-02
(B) FAPE
(F) Assistive technology
(1) Each school district must ensure that assistive technology devices or assistive technology services, or both, are made available to a child with a disability if required as a part of the child’s:

(a) Special education under rule 3301-51-01 of the Administrative Code;

(b) Related services under rule 3301-51-01 of the Administrative Code; or

(c) Supplementary aids and services under rule 3301-51-09 of the Administrative Code.

(2) On a case-by-case basis, the use of school-purchased assistive technology devices in a child’s home or in other settings is required if the child’s IEP team determines that the child needs access to those devices in order to receive FAPE.

See Annotations for the IEP PR-07 Form

3301-51-01
(B) Definitions
The following terms are defined as they are used in rules 3301-51-01 to 3301-51-09 and 3301-51-11 of the Administrative Code:
(58) Special education
(b) Individual special education terms defined. The terms in the rule are defined as follows:

(i) "At no cost" means that all specially-designed instruction is provided without charge, but does not preclude incidental fees that are normally charged to nondisabled students or their parents as part of the regular education program.

(ii) "Physical education" means:

(a) The development of:

(i) Physical and motor fitness;

(ii) Fundamental motor skills and patterns; and

(iii) Skills in aquatics, dance, and individual and group sports (including intramural and lifetime sports; and

(b) Includes special education, adapted physical education, movement education, and motor development.

3301-51-02
(I) Physical education
(1) General
Physical education services, specially designed if necessary, must be made available to every child with a disability receiving FAPE, unless the school district enrolls children without disabilities and does not provide physical education to children without disabilities in the same grade.
(2) Regular physical education
Each child with a disability must be afforded the opportunity to participate in the regular physical education program available to nondisabled children unless:

(a) The child is enrolled full time in a separate facility; or

(b) The child needs specially designed physical education, as prescribed in the child’s IEP.

(3) Special physical education
If specially designed physical education is prescribed in a child’s IEP, the school district responsible for serving the child must provide the services directly or make arrangements for those services to be provided through other public or private programs.
(4) Education in separate facilities
The school district responsible for serving a child with a disability who is enrolled in a separate facility must ensure that the child receives appropriate physical education services in compliance with this rule.

Adaptive physical education (APE) is a diversified program of developmental activities suited to the capacities and limitations of children with disabilities. The primary purpose of APE is to address the physical education needs for children with disabilities who have psychomotor limitations and may not safely or successfully engage in general physical education program activities.

Unless the child is in a separate facility or needs specially designed physical education as prescribed in his or her IEP, the child must participate in the regular physical education program available to children who do not have disabilities.

If the impact of the child’s disability affects his or her participation in the regular physical education program, the team must determine if it is necessary to adapt or modify the physical education curriculum based on the child’s needs. This could be done by providing accommodations or by providing special physical education, adapted physical education, movement education, and/or motor development activities.

See Annotations for the IEP PR-07 Form.

3301-51-02
(G) Extended school year (ESY) services
(1) General

(a) Each school district must ensure that extended school year services are available as necessary to provide FAPE, consistent with this rule.

(b) Extended school year services must be provided only if a child’s IEP team determines, on an individual basis, in accordance with rule 3301-51-07 of the Administrative Code, that the services are necessary for the provision of FAPE to the child. Additionally, the school district shall consider the following when determining if extended school year services should be provided:

(i) Whether extended school year services are necessary to prevent significant regression of skills or knowledge retained by the child so as to seriously impede the child’s progress toward the child’s educational goals; and

(ii) Whether extended school years services are necessary to avoid something more than adequately recoupable regression.

(c) In implementing the requirements of this rule, a school district shall not:

(i) Limit extended school year services to particular categories of disability; or

(ii) Unilaterally limit the type, amount or duration of those services.

Extended school year services mean that special education and related services are provided to a child with a disability beyond the normal district school year, in accordance with the child’s IEP. ESY services are provided at no cost to the parents and meet the standards of the Ohio Department of Education (ODE).

Extended school year services are not limited to a particular category of disability, nor can the services be unilaterally limited in type, amount or duration. The need for ESY services must be determined on an individual basis, based upon the judgment of the IEP team members and the team's decision-making process. ESY must be provided only if a child’s IEP team determines that the services are necessary to provide FAPE to the child. To determine the need for ESY, the team must have sufficient documentation to show that it made an appropriate, individualized determination regarding the provision of ESY services.

See Annotations for the IEP PR-07 Form.

3301-51-07
(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:
(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, the team must provide 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.

The IEP team must determine whether the child will participate in the general state-wide and district-wide testing and in graduation tests with or without accommodations, or will need an alternate assessment.

The IEP must include a statement of any accommodations that are necessary to allow the child access to and progress in the general curriculum. The appropriate, allowable accommodations for participation in state-wide, diagnostic or district-wide testing in each area of assessment are also clearly reflected in the IEP and match accommodations routinely used in teaching and testing. Appropriate accommodations are determined by the IEP team to be necessary to allow the child access to and progress in the general education curriculum. The team must identify in the IEP any individual accommodations the child will need during testing. Accommodations must be selected carefully so that the test scores are valid.

See Annotations for the IEP PR-07 Form.

When an accommodation is made in testing, generally some aspect of the testing condition is altered so that a child with a disability can more fully show what he or she knows or can do.

Accommodations fall into several categories: (Accommodations Manual:Selection, Use, and Evaluation of Accommodations that Support Instruction and Assessment of Children with Disabilities, Ohio Department of Education, February 2011)

Presentation accommodations allow children to access information in ways that do not require them to visually read standard print. These alternate modes of access are auditory, multi-sensory, tactile and visual.

A response accommodation allows children to complete activities, assignments and assessments in different ways or to solve or organize problems using some type of assistive device or organizer.

A setting accommodation is a change in location in which a test or assignment is given or the conditions of the assessment setting.

Timing and scheduling accommodations increase the allowable length of time to complete an assessment or assignment and perhaps change the way the time is organized.

The IEP must include documentation of the adaptation, modification and supports necessary to meet the needs of the child in the general education curriculum.

• The accommodation(s) must be provided to the child in classroom and district-wide tests. However, not all classroom accommodations are permitted in state or district-wide assessments.
• The accommodation(s) cannot change the content or structure of the test. For example, the examiner who reads multiple-choice questions to children may not eliminate one or more answer choices provided as part of the question, and must not convert any open-ended question to a multiple-choice question or cause such a conversion.
• The accommodation(s) cannot change what the test is intended to measure. For example, examiners are not permitted to read passages from a reading test because this would change the test from a measure of reading skills to a measure of listening skills. The use of assistive technology such as a calculator or word processor also must not be used if they change what the test is intended to measure.
• The accommodation(s) cannot change or enhance the child’s response. For example, a scribe shall record only the actual response provided by the child.

Acceptable accommodations include:

• Presentation;
• Reading questions, directions and answering choices aloud on all tests, NOT reading passages/selections on reading tests;
• Braille;
• Large print text;
• Reordering questions - child answers questions in order of choice;
• English audio CD;
• Magnification device;
• Amplification device;
• Visual aids: colored pencils, filters to cover parts of test, reading guides, lamps;
• Physical supports: slant board, tape or magnets to secure paper to work area;
• Sign language: NOT to define or clarify word or phrase on the test;
• Clarifying directions: re-reading directions, providing written steps for directions, breaking directions into steps, NOT defining or clarifying a word or phrase;
• Cuing: to stay on task, NOT to cue answers;
• Response;
• Setting;
• Timing/scheduling;
• Scribe.

School staff should use caution when providing a scribe or certain augmentative communication devices because the potential exists to exceed the criteria for allowable accommodations. For example, the scribe could enhance a child’s response and thereby create inaccurate test results. The two most common allowable methods for scribing to accommodate a child with a writing disability are word processing and dictation. Specific guidelines for these two methods of scribing can be found in the Ohio Statewide Testing Program Rules Book.

Districts should check the Ohio Statewide Testing Program Rules Book each year for information on testing accommodations and theOhio Statewide Assessment Accommodation Guidance Chart that is posted on the ODE Web site at http://education.ohio.gov, keyword search: accommodations for any changes in allowable accommodations. The use of inappropriate accommodations on statewide assessments will invalidate child test scores.

Children with disabilities who are unable to show what they know and can do on the general grade-level assessment, even with appropriate accommodations, must be assessed using an alternate assessment. To determine if a child should participate in alternate assessment, the IEP team should use the Ohio Alternate Assessment: Framework for Participation. The framework can be accessed through this document or downloaded from the ODE Web site at the address and keyword search listed below.

This decision making framework relies on the following basic assumptions:

• The vast majority of students with disabilities should be able to participate in the general state assessment with appropriate accommodations, if needed.
• A small number of students should participate in alternate assessments for students with disabilities.

If the team determines it is appropriate for the child to take an alternate assessment, it must include in the IEP a statement of why the child cannot participate in the regular assessment and why the selected assessment is appropriate for the child.

For additional information on alternate assessment, see the Ohio Department of Education (ODE) Web site at education.ohio.gov, keyword search: alternate assessment and the Ohio Statewide Testing Program Rules Book.

If it is determined by the IEP team that the child is not responsible for the consequences associated with failing a particular graduation test, documentation of this decision must be provided, including the reason(s) why the child is not held to the standard of passing the test.

For further clarification or questions regarding children with disabilities, testing accommodations or IEPs, contact the Office for Exceptional Children at (614) 466-2650. Other issues relating to statewide testing should be addressed to the Office of Assessment at (614) 466-0223.

See Annotations for the IEP PR-07 Form.