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Federal and State Funding

kschindler — Mon, 14 Nov 2011 20:59:52 -0500

Federal and State Funding

Federal Funds

Funding Source:

Individuals with Disabilities Education Improvement Act (IDEA) Funds

Federal special education funds are provided to local educational agencies (LEAs) through two programs:

Individuals with Disabilities Education Act (IDEA) Part B ( flow-through funds); and
Individuals with Disabilities Education Act Early Childhood Special Education (ECSE) (flow-through funds)

City schools, exempted village schools, local school districts, community schools, county boards of mental retardation/developmental disabilities (MR/DD), and state-supported agencies may apply for Special Education Part-B IDEA and ECSE flow-through funds. Educational Service Centers (ESCs) serving as fiscal agents for consolidated (multi-district) funding applications also are eligible to apply for flow-through funds.

Application for Funds

School districts and other eligible agencies apply for Special Education Part-B IDEA and ECSE flow-through funds by using the Comprehensive Continuous Improvement Plan (CCIP) web application. The CCIP is a unified grants application and verification system that consists of two parts: the Planning Tool and the Funding Application. Additional information regarding the CCIP is posted on the ODE Web site, http://education.ohio.gov, keyword search: CCIP.

Method of Distribution

Funding is allocated to eligible agencies through a formula that includes each agency's:

December 1, 1998 child count;
Current average daily membership (ADM) for public and nonpublic students; and
Current count of children living in poverty.

Benefits to Children with Disabilities in Nonpublic Schools

State and federal rules and regulations require that districts set aside a "proportionate share" of their Special Education Part-B IDEA funds to serve children with disabilities placed by parents in chartered or nonchartered nonpublic schools. Each district must evaluate these children with disabilites and write a services plan for each child. The number and extent of services that can be funded for a child will depend on the amount of funding the district has set aside and the number of children receiving services. Children with disabilities parentally placed in chartered or nonchartered nonpublic schools are not provided FAPE by their districts of residence and do not receive a comprehensive individualized education program (IEP) unless they choose to enroll their children in their districts of residence.

ESCE flow-through fund benefits for preschool-age children (3-5 years) enrolled in nonpublic schools also are provided through the child's district of residence. These benefits may be limited to preschool children who attend nonpublic schools within the geographic area of the eligible preschool child’s district of residence.

The amount of Special Education Part-B IDEA and Early Childhood Special Education benefits that the public school district must allocate for eligible nonpublic school children is calculated based on a formula that includes the total number of nonpublic students who are identified as eligible to receive special education services under IDEA and Operating Standards for Ohio Educational Agencies Serving Children with Disabilities.

Additional information regarding use of federal funds to provide benefits to children with disabilities parentally placed in nonpublic schools is included in Guidelines for Providing Services to Children with Disabilities Parentally Placed in Ohio Chartered and Nonchartered Nonpublic Schools and Operating Standards, rule 3301-51-08.

Use of Funds

The LEA must use funds provided under IDEA to supplement and ,to the extent practical, increase the level of state and local funds expended to educate children with disabilities. Direct services to children with disabilities are the first priority for the expenditures of flow-through monies. When this priority has been met, expenditures for purposes other than direct services may be considered.
The LEA must comply with the requirements for providing a free appropriate public education (FAPE) to children with disabilities, ages 3 through 21, before flow-through funds may be used for purposes other than direct services to these children.
In accordance with a child's IEP, IDEA funds may be used for the costs of special education and related services and supplementary aids and services provided in a regular class or in other education-related settings.
Districts should consider the importance of professional development for general, as well as special, educators in educating children with disabilities.
LEAs with significant over-identification and disproportionality in the disability categories and least restrictive environments are required to redirect 15 percent of their annual Special Education Part–B IDEA allocation for early intervening (EI) services.
IDEA 2004 provides districts flexibility in the use of Special Education Part-B IDEA funds:
- Maintenance of effort reduction: IDEA 2004 allows up to 50 percent of the Special Education Part-B IDEA funds received in excess of prior year' amount, to be treated as local education funds. (This allowance pertains only to Special Education Part-B IDEA funds and does not extend to ECSE funds.)
- Early intervening services: An LEA may use up to 15 percent of its Special Education Part-B IDEA allocation to provide services to children, grades K-12 (with a focus on K-3) who have not been identified as needing special education or related services, but who need additional academic and behavioral supports to succeed in the regular education environment.
- Pooling of funds with Title I: LEAs may use a portion of their Special education Part-B IDEA funds to carry out the activities of a school-wide Title 1 program. The amount of funds that may be used is determined through a formula based on the number of children with disabilities that are served within the school-wide program.
Detailed charts listing the allowable and unallowable expenditures for both the Special Education Part-B IDEA funds and for the ECSE flow-through funds are posted on the ODE Web site http://education.ohio.gov, keyword search: CCIP documents. Or click the following links to go directly to the documents (IDEA Use of Funds and ECSE Use of Funds).

State Funds

The Ohio Department of Education (ODE) supplements the cost of educating a child with a disability, who is counted as a student first and is then as a child with a disability.

Unit funding represents the funds allocated to districts to pay for the education of children with disabilities ages 3-5 who are in preschool programs. This aid is based on a salary allowance plus a 15 percent fringe allowance, a non-salary allowance and a supplemental allowance. Both classroom unit funding and related service units are funded.

Supplemental weighted funding provides additional funding for pupils ages 6-21 with disabilities based on the severity of a pupil's disabilities.

Each school district is required to spend state funds received through the special education weighted formula for children 6-21 on direct special education and related services for children with disabilities. Each district reports these expenditures to ODE, which in turn reports each district's expenditures to the governor and General Assembly, through the Annual Special Education Fiscal Accountability Report.

The disability conditions for which state funds may be used are:

Multiple disabilities (other than deaf-blind);
Deaf-blindness;
Hearing impairments;
Visual Impairments;
Speech and language impairments;
Orthopedic impairments;
Emotional disturbances;
Mental retardation (cognitive disability);
Specific learning disabilities
Autism;
Traumatic brain injuries (TBI);
Other health handicapped – major; and
Other health handicapped – minor.

(The U.S. Department of Education combines major and minor into one category.)

Ohio's weighting categories and factors are:

Category #	Disability Categories	Categorical Weighting Factors
1	Speech only	.2892
2	Learning disabilities, cognitive disability, and other health - minor	.3691
3	Hearing impaired, visually impaired, and emotional disturbance	1.7695
4	Other health – major, orthopedic	2.3646
5	Multi-handicapped	3.1129
6	Traumatic brain injury, autism, and deaf-blindness	4.7342

The formula for the weighted funding calculation is:

The number of disabled children (by category), times the categorical weighted factor, times the per-pupil base cost funding ($5,565 for FY08) times, the district’s state share percentage, times the percentage of funding level.

Note: The weights are not fully funded. They are pro-rated in the calculation – FY08 equals 90 percent.

For example, if a district has one autistic child and the district’s state share is 45 percent, the calculation is:

(1 times 4.7342), times $5,565, times .45, times .90 equals $10,670.05 in weighted supplemental special education funding.

Other State-Funded Programs

Catastrophic Aid

Catastrophic aid is a supplemental payment to districts, joint vocational schools and community schools for special education children in categories 2 through 6.

This reimbursement is available to the financially responsible district for any child in categories 2, 3, 4 or 5 whose educational and related expenses exceed $27,375; and any child in category 6 whose expenses exceed $32,850.

The payment calculation for catastrophic aid will be a combination of the following:

50 percent of the cost exceeding the threshold of $27,375 or $32,850, whichever is applicable; and
50 percent of the cost exceeding the threshold of $27,375 or $32,850 times the district's state share percentage.

To find the Catastrophic Aid Form, check the ODE Web http://education.ohio.gov, keyword search: catastrophic aid.

Transportation

The funding for child transportation for special education is based on data that is collected and reported by all transporting agencies through the transportation reporting system, specifically the T-1 and T-2 reports. The formula for this distribution is based on the Ohio Administrative Code 3301-83-01 (D).

Reimbursement for actual costs of special transportation may be made for up to $6 per day, per child, and one-half the actual cost exceeding $6 per day. This amount may be further adjusted by factors in the budget bill, or will remain within the budgeted allocation for special education transportation.

Autism Scholarship Program

Under ORC 3310.41, the Ohio Department of Education (ODE) has the authority to administer and supervise the Autism Scholarship Program (ASP). The ASP permits the parents of a qualified child receiving special education to choose to send the child to another special education program for the services prescribed in the child’s individualized education program (once the IEP is finalized), instead of the program operated by or for the school district where the child is entitled to attend school. The Resource Management Section of the Office for Exceptional Children (OEC) is primarily responsible for the management and supervision of the ASP. Currently the maximum amount an Autism Scholarship recipient can claim through the program is $20,000. This is pro-rated if a recipient begins later in the year or exits the program before year's end.

The parents of a child who meet the eligibility criteria found in Rule 3301-103-03(B)(1) to (8) of the Administrative Code and wish to have their child participate in the ASP must complete and submit an ASP application found on the ODE Web site at http://education.ohio.gov, keyword search: autism scholarship program application.

If a child participated in the scholarship program during the past school year, the parents must submit a continuation application/affidavit (provided by ODE/OEC) to the department for the next school year in order for the child to continue in the ASP.

Home Instruction Reimbursement

Local Education Agencies (LEAs) may file for reimbursement of the costs expended for providing home instruction to children identified as having one of the disability conditions that are most often associated with the need for home instruction: other health impaired, orthopedic impairment, and emotional disturbance. LEAs are eligible to receive reimbursement for 50 percent of the cost of one hour of home instruction for each day of absence, when childrens' Individualized Education Programs (IEPs) indicate that home instruction is the method of service delivery. To receive funding for home instruction, districts must complete and submit the Claim Form, the Assurance Form, and the Reimbursement Spreadsheet. The forms are updated annually.

Districts can assess home instruction reimbursement information via the ODE web site. http://education.ohio.gov, keyword search: home instruction reimbursement.

School Psychologist Internship:

Under Ohio's Teacher Education and Licensure Standards, school psychologists must complete a nine-month, full-time internship in an approved school setting before becoming fully licensed. The School Psych Intern Program provides an opportunity not only to provide the required intern training to future school psychologists, but also to address Ohio's shortage of special education personnel. Funds are used to provide reimbursement to school districts employing school psychology interns for one school year of supervised on-the-job training. School Psych funding is established as a line item in the General Revenue Fund (GRF) budget. That amount is divided equally among the interns selected through the Inter-University Council (IUC) for School Psychology. The district employing the intern receives the funds to support that intern.

IEP - 7.5 Special Instructional Factors

bwalujo — Thu, 27 Oct 2011 21:02:04 -0500

IEP - 7.5 Special Instructional Factors

State Performance Plan (SPP):

(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))

Intent:

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.

REQUIREMENT

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.

GUIDANCE

What are special instructional factors?

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.

REQUIREMENT

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

GUIDANCE

When is behavior addressed in the IEP?

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.

What is a functional behavior assessment (FBA)?

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.

What is a behavior intervention plan (BIP)?

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.

Does Ohio have a policy regarding the use of restraints?

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.

REQUIREMENT

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.

GUIDANCE

When must a crisis intervention plan be developed?

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.

What should be included in a crisis intervention plan?

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.

REQUIREMENT

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.

GUIDANCE

How does the team address limited English proficiency (LEP)?

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.

REQUIREMENT

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.

GUIDANCE

What is a visual impairment?

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.

Eye Examinations for Children with Disabilities

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.

What must the team consider for a child with a visual impairment?

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.

REQUIREMENT

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.

GUIDANCE

When are communication needs considered, and how should they be documented?

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

See Annotations for the IEP PR-07 Form.

What are interpreting services?

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.

What if the team determines the child needs interpreting services?

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.

REQUIREMENT

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

(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.

GUIDANCE

What are assistive technology services and devices?

See Annotations for the IEP PR-07 Form

REQUIREMENT

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.

GUIDANCE

What is adaptive physical education (APE)?

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.

How should the team address physical education?

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.

REQUIREMENT

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.

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

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

GUIDANCE

What are extended school year (ESY) 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).

How does the team determine the need for extended school year services?

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.

REQUIREMENT

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.

GUIDANCE

Accommodations and alternate assessment

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.

How should the team determine testing participation and accommodations?

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.

Assessment accommodations

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

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.

Response accommodations

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.

Setting accommodations

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

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.

What are the criteria for allowable accommodations?

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.

What are acceptable accommodations?

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.

How does the team determine if the child should participate in alternate assessment?

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.

Excusal from the consequences of the OGT

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.

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Procedures and Guidance for Ohio Educational Agencies serving Children with Disabilities

IEP - 7.2 Identification of IEP Team Members and Their Roles

bwalujo — Thu, 20 Oct 2011 23:34:19 -0500

IEP - 7.2 Identification of IEP Team Members and Their Roles

State Performance Plan (SPP):

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

SPP 8:

Parent involvement:

Percent of parents with a child receiving special education services who report that schools facilitated parent involvement as a means of improving services and results for children with disabilities. (20.U.S.C. 1416 (a)(3)(A))

Intent:

To describe who is required to participate in the development of a child's individualized education program (IEP) and what type of information each participant can, at a minimum, contribute.

Timelines:

Within 30 days of the determination that the child needs special education and related services, an IEP team meeting must be conducted to develop the child's IEP.
Parents must be notified of the meeting early enough to ensure that one or both parents have an opportunity to attend.
If needed, a surrogate parent shall be assigned as soon as possible, but no later than 30 days from the date it is determined that the child needs a surrogate parent.
For children age 14 and older (or younger, if appropriate), the IEP shall include a statement, updated annually, of the transition services needs of the child.
When the child is 16, or younger if the team determines it appropriate, the IEP must include a statement of appropriate, measurable postsecondary goals and transition services. This statement must be updated annually. (See IEP - 7.6 Postsecondary Transition Services).

REQUIREMENT

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:

(32) IEP team
"Individualized education program team" or IEP team means a group of individuals described in paragraph (I) of rule 3301-51-07 of the Administrative Code that is responsible for developing, reviewing or revising an IEP for a child with a disability.

(42) Parent means:
a) A biological or adoptive parent of a child but not a foster parent of a child;
b) A guardian generally authorized to act as the child’s parent, or authorized to make educational decisions for the child (but not the state if the child is a ward of the state);
c) An individual acting in the place of a biological or adoptive parent (including a grandparent, stepparent, or other relative) with whom the child lives, or an individual who is legally responsible for the child's welfare; or
d) A surrogate parent who has been appointed in accordance with rule 3301-51-05 of the Administrative Code.
e) Except as provided in paragraph (B)(42)(f) of this rule, the biological or adoptive parent, when attempting to act as the parent under this rule and when more than one party is qualified under this rule to act as a parent, must be presumed to be the parent for purposes of this chapter of the Administrative code unless the biological or adoptive parent does not have legal authority to make educational decisions for the child.
f) If a judicial decree or order identifies a specific person or persons under paragraphs (B)(42) (a) to (B)(42)(c) of this rule, to act as the parent of a child or to make educational decisions on behalf of a child, then such person or persons shall be determined to be the parent for purposes of this rule.

(65) Ward of the state
Ward of the State means a child who, as determined by the state where the child resides, is:

(a) A foster child;

(b) A ward of the state; or

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 a child with a disability that is developed, reviewed, and revised in a meeting in accordance with paragraphs (H) to (L) of this rule.

3301-51-07
(I) IEP team
(1) General
The school district must ensure that the IEP Team for each child with a disability includes:

(a) The parents of the child;

(b) Not less than one regular education teacher of the child (if the child is, or may be, participating in the regular education environment);

(c) Not less than one special education teacher of the child or, where appropriate, not less than one special education provider of the child;

(d) A representative of the school district who:

(i) Is qualified to provide, or supervise the provision of, specially-designed instruction to meet the unique needs of children with disabilities;

(ii) Is knowledgeable about the general education curriculum; and

(iii) Is knowledgeable about the availability of resources of the school district;

(e) An individual who can interpret the instructional implications of the evaluation results, who may be a member of the team described in paragraphs (I)(1)(b) to (I)(1)(f) of this rule.

(f) At the discretion of the parent or the school district, other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate; and

(g) Whenever appropriate, the child with a disability.

3301-51-07
(I) IEP team
(2) Transition services participants

(a) In accordance with paragraph (I)(1)(g) of this rule, the school district must invite the child with a disability to attend the child's IEP team meeting if a purpose of the meeting will be the consideration of the postsecondary goals for the child and the transition services needed to assist the child in reaching those goals under paragraph (H)(2) of this rule.

(b) If the child does not attend the IEP team meeting, the school district must take other steps to ensure that the child’s preferences and interests are considered.

(c) To the extent appropriate, with the consent of the parents or a child who has reached the age of majority, in implementing the requirements of paragraph (I)(2) of this rule, the school district must invite a representative of any participating agency that is likely to be responsible for providing or paying for transition services.

3301-51-11
(D) Transition from Part C early intervention
A school district is responsible for the following activities related to transition for a child receiving "Help Me Grow" early intervention services under Part C of the Individuals with Disabilities Education Act, as amended by the Individuals with Disabilities Education Improvement Act of 2004, December 2004 (IDEA):

(1) If invited by a representative of the Part C system, a school district representative shall attend a conference to discuss transition from early intervention services to preschool for a child suspected of having a disability. This conference may occur up to nine months before a child’s third birthday. The school district shall document participation in the conference.

(2) At the parent's request, the school district shall invite the Part C service coordinator to the initial IEP meeting.

(3) If there is a suspected disability and the child is eligible for special education and related services as a preschool child, the school district shall work with the family to ensure an IEP is in place and implemented by the child's third birthday. The dates for the initiation and duration of services shall be determined by the evaluation team or the IEP team and other qualified professionals.

(4) A school district must consider extended school year services as part of the IEP process for children transitioning from Part C services. Based upon the data available from the Part C system, the evaluation team or the IEP team and other qualified professionals shall determine if extended school year services are required as outlined in paragraph (G) of rule 3301-51-02 of the Administrative Code.

(5) A school district determined by the Ohio Department of Education to be noncompliant with the transition timeline to have an IEP in place by an eligible child's third birthday:

(a) Shall develop a corrective action plan in addition to the interagency agreement. The corrective action plan must include the signature of a representative of the family and children first council responsible for "Help Me Grow" Part C services; and

(b) May have funds reduced or terminated by the Ohio Department of Education.

3301-51-07
(L) Development, review, and revision of IEP
(c) Requirement with respect to regular education teacher
A regular education teacher of a child with a disability, as a member of the IEP team, must to the extent appropriate participate in the development of the IEP of the child, including the determination of:

(i) Appropriate positive behavioral interventions and supports and other strategies for the child; and

(ii) Supplementary aids and services, program modifications, and support for school personnel.

GUIDANCE

Who are the members of the IEP team?

The IEP team must include:

The child's parents;
At least one of the child's regular education teachers, if the child is, or may be, participating in the regular education environment;
If a child is not participating in regular education and is receiving home instruction, or is in a separate facility with only children with disabilities, there is no requirement for a regular education teacher at the IEP meeting. However, if the child will be returning to the regular education classroom in the near future, the district may want to include at the IEP meeting the teacher of the classroom to which the child will be assigned.
At least one of the child's intervention specialists or special education providers;
A representative of the school district who:
- Is qualified to provide, or supervise the provision of, specially-designed instruction to meet the unique needs of children with disabilities;
- Knows the general education curriculum; and
- Knows about the availability of school district resources and has the authority to commit resources.
Someone who can interpret the instructional implications of the evaluation results, who may be a member of the team described above;
At the discretion of the parents or the school district, other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate; and
The child, whenever appropriate. Additionally, the child must be invited if a purpose of the meeting will be the consideration of postsecondary goals for the child and the transition services needed to assist the child in reaching those goals.

Who are the parents?

The parents are vital members of the IEP team and equal participants with school personnel in developing, reviewing and revising the IEP for their child. Parents have a personal stake in their child's future and can keep the team focused on future planning and the long-term needs of their child. With their knowledge of their child's strengths, weaknesses, interests, learning styles, and likes and dislikes, parents can help the team develop an appropriate IEP that will meet the unique needs of their child.

Only biological or adoptive parents, guardians, a person acting as a parent or a surrogate parent can serve as parents at an IEP meeting. If the parents are divorced, the custodial parent is considered the parent unless another person has educational rights. If more than one person is qualified to act as a parent, the biological or adoptive parent is qualified to be the parent unless he or she does not have legal authority to make educational decisions for the child.

How do you determine if you need a surrogate?

If the child is a foster child, a ward of the state or in the custody of a public child-welfare agency, the agency responsible for the child (i.e., children's services, the caseworker, the court system, youth services, corrections) should be contacted by the intervention specialist or an administrator to determine who has the legal authority to make educational decisions for the child. If the entity that has the legal authority to make educational decisions for the child is a public or private agency that is providing care or supervision of the child, then the district of residence must appoint a surrogate parent. A public or private agency that cares for the child cannot be the "parent" under IDEA.

Surrogate parent

If the parent or guardians cannot be located, if the child is a ward of the state or if the child is an unaccompanied homeless youth, a surrogate parent may be needed. The district first determines if the child needs a surrogate parent. The school district of residence is responsible for assigning a surrogate parent as soon as possible but no later than 30 days of the date it is determined that the child needs the service. The juvenile judge may appoint a surrogate parent for a ward of the state. The surrogate parent represents the child in all aspects of the provision of FAPE including identification, evaluation and placement. (See Procedural Safeguards - 5.6 Surrogate Parents).

What is the role of the parents?

The role of the parents is to:

Verify the accuracy of personally identifying information;
Provide information and observations about the child’s level of functioning in the home and community;
Provide information on the child’s ability, interests, performance and history;
Provide information regarding the child’s medical status;
Provide information on instructional strategies and, if appropriate, behavioral supports that have been successful;
Assist in developing educational goals, objectives and benchmarks;
Assist in identifying the special education and related services to be provided;
Assist in determining the appropriate educational program and the least restrictive environment;
Provide input on the vision statement;
Assist in all decisions made during the IEP meeting;
Express concerns to be considered when developing and reviewing the IEP; and
Give consent, when required, for the initiation and implementation of the IEP.

Who is the regular education teacher?

Due to the emphasis on the child's involvement and progress in the general education curriculum, the regular education teacher has an important role. At least one or more regular education teachers must be present if the child participates or may be participating in the regular education environment. The regular education teacher should be the teacher who is responsible for implementing a portion of the IEP, so the teacher can participate in discussions about how the child learns and can best be taught. If the child has more than one teacher, the district may ask the parents which teacher or teachers they would like to have invited to the IEP team meeting. The district should take the parents' input into consideration when it decides which regular education teacher or teachers to invite to the meeting. The attending regular education teacher or intervention specialist should seek input from teachers who will not be attending. The IEP team must ensure that any teacher who will be providing services is informed of the results of the meeting and receives a copy of the IEP.

What is the role of the regular education teacher?

The role of the regular education teacher, at a minimum, is to:

Provide information regarding the child's current level of performance in the regular education environment;
Provide information on the general education standards, curriculum and expectations;
Assist in determining appropriate positive behavioral interventions and strategies;
Assist in determining supplementary aids and services; and
Assist in determining program modifications and support needed for school personnel.

Who is the intervention specialist or special education provider?

If the child has more than one intervention specialist, the school district may ask the parents which intervention specialist they would like to have invited to the IEP team meeting. The district should take the parents' input into consideration when it decides which intervention specialist or intervention specialists to invite to the meeting. This intervention specialist should be either the individual providing special education services to the child or the individual who is responsible for implementing the IEP. Other special education providers could be individuals providing a related service, such as speech and language therapy, occupational therapy or physical therapy. The attending intervention specialist(s) should seek input from teachers who may not be attending. The IEP team must ensure that any teacher who will be providing services is informed of the results of the meeting and receives a copy of the IEP.

What is the role of the intervention specialist?

The role of the intervention specialist is to:

Conduct academic and behavioral assessments to acquire baseline data on the child before the meeting;
Gather input from other team members before the meeting;
Develop draft goals and objectives and share them with team members, including the parents, before the meeting;
Identify instructional strategies that would meet the needs of the child;
Discuss how to modify the general education curriculum to help the child learn;
Identify the supplementary aids and services that the child may need to be successful in the regular classroom and elsewhere;
Describe how to modify testing or to provide the test with individual appropriate accommodations so the child can show what he or she has learned; and
Describe how instruction can be individualized and how the program will be implemented throughout the course of the school day.

Who is the related service provider?

Because an important part of developing an IEP is considering a child's need for related services, a related service provider is often involved as an IEP team member and shares his or her special expertise about the child's needs and how his or her own professional services can address those needs. The related service provider should be the individual who is, or may be, responsible for providing the related service. The parents or the school district may invite a related service provider to be a member of the IEP team. The IEP team must ensure that any related service provider who will be providing services to a child is informed of the results of the IEP meeting and receives a copy of the IEP.

What is the role of the related service provider?

The role of the related service provider, at a minimum, is to:

Identify the child's present level of performance by contributing performance statements, data and baseline information related to the child's academic and functional performance;
Identify the child's needs related to academic and functional performance;
Contribute to the development of the goals and objectives for parents and team members to discuss;
Identify instructional and environmental modifications or accommodations that would assist the child in benefiting from special education; and
Recommend and describe the nature, frequency and amount of related service to be provided, once the child's goals and objectives have been established.

Who is the representative of the school district?

A special education administrator is generally the representative of the school district.

The district may also designate another district member of the IEP team, such as the building administrator, to serve as the agency representative if he or she is:

Qualified to provide, or supervise the provision of, specially designed instruction;
Knowledgeable about the general education curriculum; and
Knowledgeable about resources available from the public agency and possesses the authority to commit resources.

The school district representative must know what resources the school has available and who has the power to commit the resources needed so the services can be provided as described in the child’s IEP. The district representative, who may be the district special education director or supervisor, should attend all meetings including the following:

Initial IEP meetings;
Any IEP meeting where there is a potential disagreement;
IEP meetings where a change of placement is discussed; and
Transition IEP meetings.

For annual reviews in which there is no issue pending, the building principal or a member serving another role on the team may represent the district. When the school principal represents the school district, he or she should assist the intervention specialist in facilitating the IEP meeting and checking all components of the IEP, including:

The delivery of services (this affects scheduling and planning time);
Testing accommodations (this affects planning for coverage for state and district-wide assessments);
Signatures (Are all required participants in attendance, and do they understand their roles?);
Parent understanding and agreement; and
Any other component of the IEP that has an impact on the child’s education.

What is the role of the school district representative?

The role of the school district representative is to:

Ensure that the services will be provided by the district;
Ensure that legal requirements of federal and state laws and Ohio operating standards are met;
Assist the team in identifying the variety of service delivery and placement options available in the district;
Clarify questions regarding curriculum adaptations and modifications;
Coordinate the acquisition of needed services; and
Provide information on community services, as appropriate.

Who can interpret the implications of evaluation results?

An individual who can interpret the instructional implications of the evaluation results must be included in the IEP team. This individual is essential to the IEP team because interpretations of data are necessary to formulate measurable, specific goals unique to the child. This may be a team member serving another role, such as the intervention specialist, related service provider, regular education teacher, district representative or other role.

What are the additional roles of the individual who interprets implications of the evaluation results?

Other roles of the individual who can interpret implications of evaluation results are:

Assist the team in planning appropriate instruction to address the child’s needs;
Identify instructional strategies to address academic and functional needs based on evaluation results; and
Provide suggestions to the team on instructional and classroom modifications or adaptations.

These roles do not belong solely to the individual who interprets implications of the evaluation results. The parents and other IEP team members may also contribute to these roles.

Who are other individuals who have knowledge or special expertise regarding the child?

Individuals who have knowledge or special expertise about the child are determined by the party who invites the individual to be a member of the IEP team. An invited person must know the child or have special expertise regarding the child's needs and strengths. (NICHY Building the Legacy Training Curriculum on IDEA Module 12).

The school district or parents may invite whomever they feel meets the qualifications noted;
Parents may invite a friend or relative or a professional they believe knows their child or has a special understanding or experience involving the child;
The school district may invite someone who can offer additional information about the child, such as a paraprofessional or related services professional. (See IEP - 7.4 IEP Sequence - Related Services).
Attorneys are not barred from IEP meetings, if either the parents or school district who invited them to be a member of the IEP team believes they possess knowledge or special expertise regarding the child.

If behavioral or mental health issues are a concern, the team should consider inviting someone with expertise in this area. This might be a school support person, such as a counselor, psychologist or mental health practitioner. Or the parent may choose to invite an outside psychologist or psychiatrist.

What is the role of other individuals who have knowledge or special expertise regarding the child?

The role of other individuals who have knowledge or special expertise regarding the child is to provide information concerning:

The impact of the child’s mental health diagnosis or status on educational functioning; and
Strategies and accommodations that educational staff and parents can implement to increase the likelihood of the child’s success in the classroom and in peer relationships.

A parent mentor may be invited to attend meetings to provide support and information to educational personnel and/or families. A parent mentor is a parent of a child with a disability employed by a school district to assist educational personnel and families by providing training, support and information services.

A state IEP facilitator may be invited to meet with the IEP team. A trained facilitator:

Helps members of the IEP team focus on developing a satisfactory IEP. With the agreement of all team members, the facilitator may help create an overall agenda and assist in setting ground rules for the meeting;
Guides the discussion by keeping the team’s energy centered on child-focused questions;
Assists the team in resolving conflicts and disagreements that may arise during the meeting;
Helps maintain open communication among all members;
Helps team members develop and ask clarifying questions;
Helps keep team members on task and within the time allotted for the meeting;
Maintains impartiality and does not take sides, place blame or determine if a particular decision is right or wrong; and
Does not impose a decision on the group.

In the following cases, the district must invite:

A representative of any agency responsible for providing or paying for transition services

If transition service needs or postsecondary goals are being discussed, a representative of any agency likely to provide or pay for transition services must be invited, to the extent appropriate and with the consent of the parents or the child at the age of majority. These agencies may include, but are not limited to, county boards of MR/DD, Ohio Rehabilitation Services Commission (ORSC), Social Security, Children’s Services, juvenile or family court, Job and Family Services, and similar agencies. The purpose is to collaborate with these agencies to provide services as needed for the transition to post-school life.

Part C service coordinator

At the initial IEP, when a child was previously served under Part C, at the parents' request, a Part C service coordinator or other representatives of the Part C system would provide information that would assist in the smooth transition of services.

Child in foster care

If the child is in foster placement, the district where the biological or adoptive parents reside is responsible for ensuring an IEP is written and FAPE is provided to the child. The district where the child is placed must invite a representative from the district in which the biological or adoptive parents reside.

The child

Whenever the team determines it is appropriate, the child should be an active participant in the IEP meeting. If children participate in their own IEP, they can share their interests and information about themselves and set their own goals, laying the foundation for the development of self-determination and self-awareness. Older children may lead their own IEP meeting. As appropriate, until the child reaches the age of majority and unless the rights of the parents to act for the child are terminated or otherwise limited, the parents are able to determine whether the child should attend an IEP meeting.

The child must be invited whenever appropriate and must be invited when the purpose of the meeting is to:

Develop a statement of the transition services needs of the child; and
Consider the postsecondary goals for the child and the transition services needed to assist the child in reaching those goals. (See IEP - 7.6 Postsecondary Transition Services).

If the child does not attend the IEP meeting, the school district should take other steps to ensure that the child's preferences or interests are taken into consideration.

The rights of parents transfer to the child at age 18. Once these are transferred to the child, the child has the same right to participate in the IEP meetings and decisions that the parents have.

What is the role of the child?

The role of the child is to:

Provide input on interests and preferences;
Provide input on future planning; and
Participate in decision-making and goal-setting.

Evaluation - 6.7 Specific Learning Disabilities

bwalujo — Tue, 18 Oct 2011 22:58:05 -0500

Evaluation - 6.7 Specific Learning Disabilities

State Performance Plan (SPP):

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

Intent:

To provide guidance on identifying children with specific learning disabilities (SLD), including the additional procedures required for eligibility determination, the assessment procedures that can be used for determination and the additional documentation required when a child is suspected to have an SLD.

Timelines:

Consent for evaluation

Within 30 days of receiving a request for an initial evaluation of a child from either the child’s parents or a public agency, the school district of residence will either obtain parents' consent for an initial evaluation or provide the parents prior written notice stating that the school district does not suspect a disability and will not be conducting an evaluation. It is recommended that the child’s parents put the request for an evaluation in writing to document the request.

Conducting the evaluation

Within 60 days from receipt of parental consent to evaluate a child, the school district will conduct a comprehensive initial evaluation of the child to identify the child’s educational needs and to determine if the child is a child with a disability.

If the school district is using a response to intervention (RtI) process, the district cannot use this process to reject a referral or delay the provision of a timely initial evaluation because a child has not participated in the RtI process (OSEP letter to State Directors of Special Education, January 21, 2011).

If the school district has not implemented an RtI process and it receives a request for an evaluation from parents, the school district cannot begin the RtI process apart from the evaluation timeline. The district must complete the RtI process and the evaluation within the 90 day timeline from the date of the referral (30 days from date of referral and 60 days from parental consent) unless the district does not suspect a disability. If the district does not suspect a disability, it provides the parents with a prior written notice within 30 days of the request.

Preschool Note

School districts cannot require other agencies to use an RtI process when identifying preschoolers with disabilities.

Exceptions to 60-day timeline: The 60-day timeline for conducting the evaluation does not apply to a school district if:

The parents of the child repeatedly fails or refuses to produce the child for the evaluation; or
The child enrolls in a new school district of residence after the 60-day period has begun and prior to a determination by the child’s previous school district of residence regarding whether the child is a child with a disability. This exception applies only if the current school district of residence is making sufficient progress to ensure a prompt completion of the evaluation and the parents and the current school district agree to a specific time when the evaluation will be completed.

When the existence of a specific learning disability is being determined, the 60-day timeline also can be extended with mutual written agreement between the parents and eligibility team if additional data are needed that cannot be obtained within the 60-day timeline.

Evaluation team report (ETR) and documentation of eligibility status

Within 14 days from the date of eligibility determination or the determination of continued eligibility and prior to the next IEP meeting, the school district of residence must provide the parents a copy of the evaluation team report and the documentation of determination of eligibility or continued eligibility.

Preschool Note

Timelines reflect the maximum number of days. For children transitioning from Help Me Grow, timelines may be less than 120 days since an IEP must be implemented by the child's third birthday.

REQUIREMENT

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:

(10) "Child with a disability" means a child evaluated in accordance with rule 3301-51-06 of the Administrative code as having a cognitive disability (mental retardation) a hearing impairment (including deafness), a speech or language impairment, a visual impairment (including blindness), a serious emotional disturbance (referred to in this rule as "emotional disturbance"), an orthopedic impairment, autism, traumatic brain injury, an other health impairment, a specific learning disability, deaf-blindness, or multiple disabilities, and who, by reason thereof, needs special education and related services.

(d)Definitions of disability terms. The terms used in this definition of a "child with a disability" are defined as follows:

(x) Specific learning disability

(a) General. "Specific learning disability" means a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, that may manifest itself in the imperfect ability to listen, think, speak, read, write, spell, or to do mathematical calculations, including conditions such as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia.

(b) Disorders not included. Specific learning disability does not including learning problems that are primarily the result of visual, hearing, or motor disabilities, of mental retardation, of emotional disturbance, or of environmental, cultural, or economic disadvantage.

3301-51-06
(H) Additional procedures for determining eligibility and educational need
(1) Specific learning disabilities
(a) General
The Ohio Department of Education adopts in this rule, criteria for determining whether a child has a specific learning disability as defined in paragraph (B)(10)(d)(x) of rule 3301-51-01 of the Administrative Code. The criteria adopted by the state in this rule:

(i) Do not require the use of a severe discrepancy between intellectual ability and achievement for determining whether a child has a specific learning disability, as defined in paragraph (B)(10)(d)(x) of rule 3301-51-01 of the Administrative Code.

(ii) Permit the use of a process based on the child’s response to scientific, research-based intervention; And

(iii) Permit the use of other alternative research-based procedures for determining whether a child has a specific learning disability as defined in paragraph (B)(10(d)(x) of rule 3301-51-01 of the Administrative Code.

(b) Consistency with state criteria
A school district must use the state criteria adopted in this rule pursuant to paragraph (H)(1) of this rule in determining whether a child has a specific learning disability.

3301-51-06
(H) Additional procedures for identifying children with specific learning disabilities
(2) Additional group members
The determination of whether a child suspected of having a specific learning disability is a child with a disability, as defined in rule 3301-51-01 of the Administrative Code,must be made by the child’s parents and a team of qualified professionals which must include:

(a) The child’s regular teacher; or

(b) If the child does not have a regular teacher, a regular classroom teacher qualified to teach a child of the child's age; or

(c) For a child of less than school-age, an individual qualified by the Ohio Department of Education to teach a child of the child's age; and

(d) At least one person qualified to conduct individual diagnostic examinations of children, such as a school psychologist, speech-language pathologist, or remedial reading teacher.

3301-51-06
(H) Additional documentation required for SLD eligibility determination
(3) Determining the existence of a specific learning disability

(a) The group described in paragraph (G) of this rule may determine that a child has a specific learning disability, as defined in paragraph (B)10)(d)(x) of rule 3301-51-01 of the Administrative Code, if:

(i) The child does not achieve adequately for the child’s age or to meet state-approved grade-level standards in one or more of the following areas, when provided with learning experiences and instruction appropriate for the child’s age or state-approved grade-level standards:

(a) Oral expression;

(b) Listening comprehension;

(d) Basic reading skill;

(e) Reading fluency skills;

(f) Reading comprehension;

(g) Mathematics calculation; or

(h) Mathematics problem-solving.

(ii) The child does not make sufficient progress to meet age or state-approved grade-level standards in one or more of the areas identified in paragraph (H)(3)(i) of this rule when using a process based on the child’s response to scientific, research-based intervention; or

(iii) The child exhibits a pattern of strengths and weaknesses in performance, achievement, or both, relative to age, state-approved grade-level standards, or intellectual development, that is determined by the group to be relevant to the identification of a specific learning disability, using appropriate assessments, consistent with paragraphs (E) and (F) of this rule; and

(iv) The group determines that its findings under paragraphs (H)(3)(a)(i) to (H)(3)(a)(iii) of this rule are not primarily the results of:

(a) A visual, hearing, or motor disability;

(b) Mental retardation;

(d) Cultural factors;

(e) Environmental or economic disadvantage; or

(f) Limited English proficiency.

(b) To ensure that underachievement in a child suspected of having a specific learning disability is not due to lack of appropriate instruction in reading or math, the group must consider, as part of the evaluation described in paragraphs (E) to (G) of this rule:

(i) Data that demonstrate that prior to, or as a part of the referral process, the child was provided appropriate instruction in regular education settings, delivered by qualified personnel; and

(ii) Data-based documentation of repeated assessments of achievement at reasonable intervals, reflecting formal assessment of student progress during instruction, which was provided to the child’s parents.

(c) The school district must promptly request parental consent to evaluate the child to determine if the child needs special education and related services, and must adhere to the time frames described in paragraphs (B) and (D) of this rule unless the time frames are extended by mutual written agreement of the child’s parents and a group of qualified professionals, as described in paragraph (G)(1)(a) of this rule:

(i) If, prior to a referral, a child has not made adequate progress after an appropriate period of time when provided instruction as described in paragraphs (H)(3)(b)(i) and (H)(3)(b)(ii) of this rule; and

(ii) Whenever a child is referred for an evaluation.

(d) An evaluation may utilize a process based on the child’s response to scientific, research-based intervention to determine whether a child has a specific learning disability. This process:

(i) Begins when sufficient data have been gathered and analyzed under conditions of targeted and intensive individualized intervention conditions, when there is evidence of an inadequate response to intervention on the part of the child, and the group determines that the child’s needs are unlikely to be met without certain specialized instruction in addition to the regular classroom instruction;

(ii) Employs interventions that are scientifically-based and provided at appropriate levels of intensity, frequency, duration, and integrity, relative to the child’s identified needs;

(iii) Is based on results of scientifically-based, technically adequate assessment procedures that assess ongoing progress while the child is receiving scientifically-based instruction, and that have been reported to the child’s parents;

(iv) Includes the analysis of data described in paragraphs (H)(3)(b)(i) and (H)(3)(b)(ii) of this rule to determine whether a discrepancy is present between actual and expected performance, in both the child’s rate of progress in developing skills, and in the child’s level of performance on measures assessing one or more of the academic areas listed in paragraph (H)(3)(a)(i) of this rule;

(v) May not be used to delay unnecessarily a child’s being evaluated to determine eligibility for special education services.

(e) A school district may use alternative, research-based procedures for determining whether a child exhibits a pattern of strengths and weaknesses in performance, achievement, or both, relative to age, state-approved grade-level standards, or intellectual development, that is determined by the group to be relevant to the identification of a specific learning disability, if prior approval of the procedures has been granted by the Ohio Department of Education.

(f) The school district must develop written procedures for the implementation of any method used to determine the existence of a specific learning disability that, at a minimum, incorporate guidelines developed the Ohio Department of Education as specified in this rule.

(4) Observation

(a) The school district must ensure that the child is observed in the child’s learning environment, including the regular classroom setting, to document the child’s academic performance and behavior in the areas of difficulty.

(b) The group described in paragraph (G) of this rule, in determining whether a child has a specific learning disability, must decide to:

(i) Use information from an observation in routine classroom instruction and monitoring of the child’s performance that was done before the child was referred for an evaluation; or

(ii) Have at least one member of the group described in paragraph (G) of this rule conduct an observation of the child’s academic performance in the regular classroom after the child has been referred for an evaluation and parental consent, consistent with rule 3301-51-05 of the Administrative Code, is obtained.

(c) In the case of a child of less than school-age or out of school, a group member must observe the child in an environment appropriate for a child of that age.

GUIDANCE

Eligibility determination - specific learning disabilities

Additional procedures required for specific learning disability (SLD) determination

To determine if a child has a specific learning disability that requires special education, the district must follow procedures in addition to those required to identify a child as "a child with a disability." These additional procedures include:

The inclusion of additional team members, including at least one person who is qualified to conduct individual diagnostic examinations;
Specific observation requirements. These allow the district to use information from observations conducted during routine classroom instruction before referral for evaluation, or to conduct observations after referral for evaluation has occurred and parental consent has been obtained. The purpose of the observation is to identify any behavior related to the child’s academic functioning;
A determination by the group based on evidence that its findings are not primarily the result of these identified exclusionary factors:
- A visual, hearing or motor disability;
- Mental retardation;
- Emotional disturbance;
- Cultural factors;
- Environmental or economic disadvantage; or
- Limited English proficiency;
The consideration of information and data providing evidence that the determining factor for the child’s underachievement is not a lack of appropriate instruction in reading and math. To satisfy this requirement, the group MUST consider data that demonstrate that the child has been provided appropriate instruction in the regular education environment, delivered by qualified personnel. The group also must consider data-based documentation reflecting formal assessment of child progress during instruction. Note that this requirement pertains to the identification of any child as SLD, regardless of the process used to make this determination. This requirement does NOT pertain only to districts who utilize a "process based on the child’s response to scientific, research-based intervention" to determine if the child has a specific learning disability.
For preschool, appropriate procedures would relate to language, spoken language or the child's ability to listen, think, and speak. This should be closely reviewed to ascertain whether a speech/language disability exists or a specific learning disability is appropriate.

When determining the existence of a specific learning disability, the parents and the eligibility team can mutually agree to extend the 60-day timeline if the team determines that additional data are needed and these data cannot be obtained within the 60-day timeline. The decision to extend the timeline must be made on a case-by-case basis, depending on the needs of the child. This agreement must be in writing and must indicate the target date for the end of the extended timeline.

Eligibility determination - specific learning disabilities

Assessment procedures for identifying children with specific learning disabilities (SLD)

Before the reauthorization of IDEA 2004, districts were required to demonstrate that a child had a severe discrepancy between achievement and ability in one or more specific areas in order to identify a child as a child with a specific learning disability (SLD). Many years of research have challenged the validity of this discrepancy model in determining eligibility for SLD. The use of the discrepancy model forced districts to wait until a child had failed for a considerable period of time before the child could be identified for assistance leading to that model being referred to as a "wait to fail" model. In addition, the use of this identification method of did not provide relevant information to assist in the design of effective instruction and interventions. As a result, the requirements of IDEA 2004 indicate that states cannot require the use of a severe discrepancy between intellectual ability and achievement for determining eligibility for SLD.

Regardless of the evaluation process used to determine eligibility for SLD, the district must establish that a child has been provided with appropriate learning experiences and instruction before identifying the child as SLD.

SLD - Use of a process based on the child's response to scientific, research-based intervention (Response to Intervention - RtI)

NOTE: If the school district is using a response to intervention (RtI) process to determine whether a child has a specific learning disability, the district cannot use this process to delay the provision of a timely initial evaluation (OSEP letter to State Directors of Special Education, January 21, 2011).

The new requirements of IDEA allow districts to use a "process based on the child's response to scientific, research-based intervention" as part of the eligibility determination for SLD. This process is commonly referred to as "response to intervention" or "RtI;" however, the actual phrase "response to intervention" does not appear in federal law. RtI is most accurately described as a process that brings together general, special, and gifted education to provide a unified system of education that meets the needs of ALL children. RtI provides a conceptual framework for the implementation of scientifically-based practices for both academics and behavior at all levels of the system. This helps districts make sound instructional decisions.

Note that RtI is NOT a special education initiative, a program or a new pre-referral process. The primary purpose of RtI is not the determination of a child's eligibility for special education services; however, the information and data collected as part of the RtI process can become a significant component of a comprehensive evaluation when this process is used to determine eligibility for SLD. Before using assessment data from an RtI process for SLD eligibility determination, districts should self assess their current level of RtI implementation to ensure that the requisite systems are in place to use this process with confidence. Two tools that can assist in this process, Response to Intervention Blueprints for Implementation: District Level and Response to Intervention Blueprints for Implementation: School Building Level are available for free download at www.nasdse.org.

Ohio added additional language to the standards to assist districts in identifying the conditions that should be in place if the district chooses to use RtI as part of a comprehensive evaluation to determine eligibility for SLD. These requirements include the following:

Sufficient data must be gathered and analyzed under conditions of targeted and intensive individualized intervention that provide evidence that the child's needs are unlikely to be met without certain specialized instruction, in addition to the regular classroom instruction;
The interventions implemented during this process must be scientifically-based and provided at appropriate levels of intensity, frequency, duration and integrity, relative to the child's identified needs;
Scientifically-based, technically adequate assessment procedures must be used to assess ongoing progress while the child is receiving scientifically-based instruction; and
Data-based documentation of child progress must be analyzed to determine whether there is a discrepancy between actual and expected performance, in both the child's rate of progress in developing skills and in the child's level of performance on measures assessing one or more of the following areas:
- Oral expression;
- Listening comprehension;
- Written expression;
- Basic reading skills;
- Reading fluency skills;
- Reading comprehension;
- Mathematics calculation; or
- Mathematics problem-solving.

Response to intervention is defined as the practice of:

Providing high-quality instruction/intervention matched to child needs; and
Using learning rates over time and level of performance to make important educational decisions.

The essential components of an effective RtI model include:

Multiple tiers of intervention service delivery;
Use of a problem-solving method; and
An integrated data collection/assessment system to inform decisions at each tier of service delivery (NASDSE, 2005)

RtI - Discrepancy between a child’s expected and actual performance

Ohio’s Operating Standards include additional language that expands on what constitutes a "process based on the child’s response to scientific, research-based intervention" or response to intervention. Although this language uses the term "discrepancy," it does not refer to a discrepancy between ability and achievement. Instead it refers to the presence of a discrepancy between a child’s expected and actual performance. This discrepancy is determined by analyzing data gathered during instruction and interventions that are targeted to the child’s areas of deficit. The focus is on the child’s rate of progress in developing skills and performance level in relation to peers and/or benchmark standards in one or more of the academic areas listed for SLD eligibility.

RtI - Scientifically based, technically adequate assessment procedures

The data necessary to assess a child’s progress when provided with research-based interventions is gathered through the use of scientifically based, technically adequate assessment procedures. These assessment procedures, which include curriculum-based measurement (CBM), must have the following characteristics in order to provide the necessary data for decision making within the RtI process:
- Allow for direct measures of specific skills (derived from the content standards) that are being targeted for intervention;
- Allow for frequent administration, so that progress can be systematically monitored;
- Be sensitive to small increments of growth in skills; and
- Provide data that can be easily summarized and displayed in an educator-friendly manner, in order to facilitate the ability to make instructional decisions rapidly.

RtI - Scientifically based intervention

A scientifically based intervention is a specific strategy or procedure that targets factors, usually of an environmental nature, that are functionally related to a learning or behavior problem. Factors that may be targeted by an intervention include:
- Instructional practices and materials;
- Opportunities to perform desired behaviors or skills;
- Instructional tasks;
- Prompts;
- Child skills, attitudes and motivation;
- Error correction procedures;
- Contingencies for successful performance; and
- Performance feedback.
An intervention is considered to be scientifically based when there is adequate empirical support for its effectiveness, in the form of published, peer-reviewed studies of the intervention itself or of major components of the intervention using research methods with adequate internal and external validity. Intervention intensity, frequency and duration refer to the quality and "degree" of the intervention, while effectiveness depends on the delivery of a degree of intervention that matches the child’s needs and is provided on a frequent basis for an adequate period of time. Intervention integrity refers to the fidelity with which the intervention is delivered as designed, as documented by an appropriate record-keeping procedure.

SLD - Assessment process to identify a child's strengths and weaknesses

Districts can use information and data gathered from an evaluation process that identifies a child’s pattern of strengths and weaknesses in performance, achievement or both, relative to age; state-approved, grade-level standards or intellectual development.

The evaluation process used to identify a pattern of strengths and weaknesses must employ valid, reliable techniques. Valid techniques are those that reliably measure constructs or factors that research has shown to be functionally related to children’s learning and behavior problems, to the extent that the interventions targeting such constructs or factors result in improvements in children’s learning and behavior.

SLD - Alternative research-based assessment procedures

A school district may use any alternative, research-based assessment procedures for determining whether a child has a specific learning disability (SLD). To use any alternative assessment for determining SLD eligibility, the district must contact the Ohio Department of Education/Office for Exceptional Children (ODE/OEC) to initiate the approval process. Any proposed alternative assessment must meet the evaluation requirements for assessment tools and strategies identified in Evaluation - 6.4 Planning and Conducting the Evaluation. This option will be used very infrequently since almost all current assessment practices will be included in the procedures described above.

REQUIREMENT

3301-51-06
(H) Additional procedures for identifying children with specific learning disabilities
(5) Specific documentation for the eligibility determination

(a) For a child suspected of having a specific learning disability, the documentation of the determination of eligibility, as required in paragraph (G)(1)(b) of this rule, must contain a statement of:

(i) Whether the child has a specific learning disability;

(ii) The basis for making the determination, including an assurance that the determination has been made in accordance with paragraph (G)(3)(a) of this rule;

(iii) The relevant behavior, if any, noted during the observation of the child and the relationship of that behavior to the child's academic functioning;

(iv) The educationally relevant medical findings, if any;

(v) Whether:

(a) The child does not achieve adequately for the child's age or to meet state-approved grade-level standards consistent with paragraph (H)(3)(a)(i)of this rule; or

(b) The child does not make sufficient progress to meet age or state-approved grade-level standards consistent with paragraph (H)(3)(a)(ii) of this rule; and

(c) The child exhibits a pattern of strengths and weaknesses in performance, achievement, or both, relative to age, state-approved grade-level standards or intellectual development consistent with paragraph (H)(3)(a)(iii) of this rule;

(vi) The determination of the group concerning the effects of a visual, hearing, or motor disability; mental retardation; emotional disturbance; cultural factors; environmental or economic disadvantage; or limited English proficiency on the child's achievement level; and

(vii) If the child has participated in a process that assesses the child's response to scientific, research-based intervention:

(a) The instructional strategies used and the student-centered data collected; and

(b) The documentation that the child's parents were notified about:

(i) The state's policies regarding the amount and nature of student performance data that would be collected and the general education services that would be provided;

(ii) Strategies for increasing the child's rate of learning; and

(iii) the parents' right to request an evaluation.

(b) Each group member must certify in writing whether the report reflects the member's conclusion. If it does not reflect the member's conclusion, the group member must submit a separate statement presenting the member's conclusions.

GUIDANCE

Additional documentation required for specific learning disability determination

In addition to the information required for all evaluation team reports (ETRs) (see Evaluation 6.6 - Evaluation Team Report and Eligibility Determination), specific documentation must be included in the ETR when a child is suspected to have a specific learning disability. This additional documentation of the eligibility determination should include:

Whether the child is determined to have a specific learning disability;
The basis for making that determination, including an assurance the determination has been made by drawing on information from a variety of sources that have been documented and carefully considered;
Any relevant behavior identified during observation of the child and the relationship of that behavior to the child's academic functioning;
A description of any educationally relevant medical findings;
Identification of any of eight specific area(s) in which the team has determined that the child is not achieving adequately for the child's age or meeting state-approved grade-level standards when provided with appropriate learning experiences and instruction. These areas are:
- Oral expression;
- Listening comprehension;
- Written expression;
- Basic reading skills;
- Reading fluency skills;
- Reading comprehension;
- Mathematics calculation; and
- Mathematics problem solving.
Results from the assessment process used to make this determination which could include:
- An assessment process based on the child's response to scientific, research-based intervention (response to intervention); or
- An assessment process to determine if the child exhibits a pattern of strengths and weaknesses in performance, achievement, or both.
The team's determination concerning the effects of the following exclusionary factors on the child's performance:
- A visual, hearing or motor disability;
- Mental retardation;
- Emotional disturbance;
- Cultural factors;
- Environmental or economic disadvantage; or
- Limited English proficiency.
If the child has participated in a process that assesses the child's response to scientific, research-based intervention (response to intervention):
- A description of the instructional strategies used by the district and the child-centered data collected; and
- Documentation that the child's parents were notified about:
  - The state's policies regarding the amount and nature of child performance data that would be collected and the general education services that would be provided;
  - Strategies that were used for increasing the child's learning rate; and
  - The parents' right to request an evaluation.

State's policies - student performance data collected and services provided when implementing a response to intervention process

Response to intervention is a process of matching high quality instruction and intervention to student need and using student performance data to make instruction decisions. As a result, the amount and nature of student performance data collected and the specific services and interventions provided as part of general education services will vary based on the particular needs of the child, including the specific skills being addressed, the age and grade level of the student and the gap between the child's expected and actual performance.

Given all of these variables, decisions about the intensity, frequency and duration of scientific, research-based interventions, as well as the type and frequency of student performance data collected, are appropriately determined at the local level by building and district leadership teams and, in the cases of students requiring individualized, intensive intervention, by specialized problem-solving teams.

Procedural Safeguards - 5.8 Independent Educational Evaluation

bwalujo — Tue, 18 Oct 2011 21:48:04 -0500

Procedural Safeguards - 5.8 Independent Educational Evaluation

State Performance Plan (SPP):

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

SPP 8:

Intent:

To provide guidance for school districts (LEAs) on the requirements of an independent educational evaluation (IEE) and the steps involved, when there is a disagreement regarding the process.

Timelines:

Without unnecessary delay

If the parent disagrees with an evaluation obtained by the school district and requests an independent educational evaluation (IEE) at public expense, the school district must, without unnecessary delay, either file a due process complaint to request a hearing to show that its evaluation is correct, or ensure that an IEE be provided at public expense.

REQUIREMENT

3301-51-05
(G) Independent educational evaluation
(1) General

(a) The parents of a child with a disability have the right under this rule to obtain an independent educational evaluation of the child, subject to paragraphs (G)(2) to (G)(5) of this rule.

(b) Each school district of residence must provide to parents, upon request for an independent educational evaluation, information about where an independent educational evaluation may be obtained, and the district’s criteria applicable for independent educational evaluations as set forth in paragraph (G)(5) of this rule.

(i) "Independent educational evaluation" means an evaluation conducted by a qualified examiner who is not employed by the school district responsible for the education of the child in question; and

(ii) "Public expense" means that the school district of residence either pays for the full cost of the evaluation or ensures that the evaluation is otherwise provided at no cost to the parent consistent with rule 3301-51-02 of the Administrative Code.

(5) School district criteria

(a) If an independent educational evaluation is at public expense, the criteria under which the evaluation is obtained, including the location of the evaluation and the qualifications of the examiner, must be the same as the criteria that the school district of residence uses when it initiates an evaluation, to the extent these criteria are consistent with the parent’s right to an independent educational evaluation.

(b) Except for the criteria described in paragraph (G)(5)(a) of this rule, a school district of residence may not impose conditions or timelines related to obtaining an independent educational evaluation at public expense.

GUIDANCE

General

If requested, the school district provides parents with information about where an independent educational evaluation (IEE) may be obtained and the district’s criteria for conducting such an evaluation. See above Requirements regarding school district criteria.

If the parent disagrees with the school district’s evaluation the parent has the right to request an IEE at public expense.

School district criteria

The school district provides parents requesting an IEE its evaluator list along with the criteria that apply to evaluations (See Evaluation - 6.4 Planning and Conducting Evaluation). However, the parents may choose an evaluator to conduct the IEE who meets the district's criteria and is not on the school district’s list of evaluators.

If an IEE is at public expense, the criteria under which the evaluation is obtained, including any geographic limitations on the evaluation and the qualifications of the examiner, must be same as the criteria that the school district of residence uses when it initiates an evaluation, to the extent those criteria are consistent with the parent’s right to an IEE.

The criteria under which the IEE is conducted may include reasonable cost-containment criteria that are applicable to personnel used by the school district for evaluations, as well as to personnel used by parents for an IEE at public expense. However, the school district needs to provide the parents the opportunity to demonstrate that unique circumstances justify selection of an evaluator whose fees fall outside of the school district's cost-containment criteria. (Federal Register, August 14, 2006, pg. 46689). The district may also choose to impose a reasonable geographic limitation on the conduct of evaluations.

An IEE may include areas of assessments not conducted by the school district. This is allowable if the parents believe that the school district’s evaluation was not complete and additional assessments are needed. If the school district disagrees with the parents, the school district is required to file a due process complaint to prove that its evaluation is appropriate.

The parents may challenge the district’s criteria as not being applicable to the child’s IEE, if they can provide documentation or explain why the criteria are unnecessarily restrictive. If the district disagrees with the parents, the parents may file a formal written complaint with the Ohio Department of Education, Office for Exceptional Children or file a due process complaint requesting a due process hearing to challenge the district’s criteria.

The school district should develop a list that includes the names and addresses of at least two independent evaluators that meet the district’s criteria. This list does not include the school psychologist employed by or servicing the school district. Any geographic limitations,cost containment criteria or examiner qualifications imposed by the district should also be in writing and provided to parents requesting an IEE.

The district may not impose any conditions or timelines on the process of obtaining an independent educational evaluation at public expense, except for the criteria or limitations referenced above. The tests and assessments that are appropriate for an IEE are determined by the requirements that govern the conduct of evaluations (See Evaluation - 6.4 Planning and Conducting Evaluation).

REQUIREMENT

3301-51-05
(G) Independent educational evaluation
(2) Parent right to evaluation at public expense

(a) A parent has the right to an independent educational evaluation at public expense if the parent disagrees with an evaluation obtained by the school district of residence subject to the conditions in paragraphs (G)(2)(b) to (G)(2)(d) of this rule.

(b) If a parent requests an independent educational evaluation at public expense, the school district of residence must, without unnecessary delay, either:

(i) File a due process complaint to request a hearing to show that its evaluation is appropriate; or

(ii) Ensure that an independent educational evaluation is provided at public expense, unless the school district of residence demonstrates in a hearing pursuant to paragraphs (K)(2) and (K)(7) to (K)(13) of this rule that the evaluation obtained by the parent did not meet district criteria.

(c) If the school district files a due process complaint notice to request a hearing and the final decision is that the school district’s evaluation is appropriate, the parent still has the right to an independent educational evaluation, but not at public expense.

(d) If a parent requests an independent educational evaluation, the school district of residence may ask for the parent’s reason why the parent objects to the public evaluation. However, the school district may not require the parent to provide an explanation and may not unreasonably delay either providing the independent educational evaluation at public expense or filing a due process complaint to request a due process hearing to defend the public evaluation.

(e) A parent is entitled to only one independent educational evaluation at public expense each time the school district conducts an evaluation with which the parent disagrees.

(4) Requests for evaluations by hearing officers
If a hearing officer requests an independent educational evaluation as part of a hearing on a due process complaint, the cost of the evaluation must be at public expense.

GUIDANCE

Parental right to evaluation at public expense

When the school district of residence receives a request from the parents for an independent educational evaluation (IEE) at public expense after the school district has completed its evaluation of the child, the school district either files a due process complaint to show that the district’s evaluation is correct or grants the parents’ request and pays for the IEE. The school district must ensure that a timely decision is made as to whether or not it will file a due process complaint or grant the parents’ request for an IEE.

Providing the parents with a prior written notice refusing to allow the IEE is not an option under the federal or state laws and regulations.
Parents can request a publicly funded IEE any time after the district has completed its evaluation. There is no time limitation on making a request. However, the parents are entitled to only one IEE at public expense each time the school district conducts an evaluation or reevaluation with which the parents disagree.
- The term “evaluation” includes any of the following assessments if completed separately from an initial evaluation or a reevaluation:
  - Functional behavioral assessment(FBA),
  - Technology assessment,
  - Physical therapy assessment,
  - Occupational therapy assessment,
  - Audiology assessment,
  - Orientation and mobility assessment,and
  - Any other type of assessments the child may require in order to determine the child’s eligibility and the services and supports needed by the child.
The IEE at public expense must meet the district’s criteria for conducting independent educational evaluations. These criteria may include cost-containment criteria that apply to personnel used to administer evaluations.
The parents should have the independent evaluator provide the district a copy of an IEE that was provided at public expense.

If the school district receives a request to provide an IEE at public expense and has decided not to file a due process request to defend its evaluation, the school district:

Provides the parents with information about where an IEE may be obtained and the district’s criteria for evaluations; and
May ask the parents why they disagree with the district’s evaluation. The parents may choose not to explain;
- The school district may not delay providing the IEE at public expense if the parents choose not to explain.
Provides the parents with the opportunity to explain why an evaluator who does not meet the district’s criteria should evaluate the child and why the cost of the evaluation exceeds the district’s cost-containment policies.

When the school district receives a request to pay for an independent evaluation obtained by the parents at private expense after the school district has completed its evaluation, the school district:

Determines whether the evaluation meets the school district’s criteria for IEE.
Grants the parents’ request and pays for the IEE, if the evaluation meets the school district’s criteria for IEE.

If the school district believes the privately funded evaluation does not meet its criteria for an IEE, the school district:

Provides the parents with prior written notice documenting the reasons why the evaluation does not meet the school district’s criteria for an IEE; and
Either files a due process complaint to request a hearing to show that the district’s evaluation is appropriate, or ensures that an IEE is provided at public expense.

Filing a due process complaint

The school district may file a due process complaint with the Ohio Department of Education, Office for Exceptional Children (ODE/OEC), if the school district believes:

Its evaluation is appropriate and it refuses to pay for an evaluation; or
The privately funded evaluation obtained by the parents does not meet the school district’s criteria for an evaluation, and the school district refuses to pay for another IEE because the district believes its own evaluation is appropriate.

The school district files a due process complaint to request a hearing by following the procedures identified under Procedural Safeguards - 5.13 Due Process Complaints.

The district informs the parents of its refusal to pay for an IEE through the Prior Written Notice to Parents PR-01form and advises the parents that if they pursue an IEE pending the outcome of the hearing, it may be at their own expense.

The school district, depending on the specific case, may agree to participate in mediation offered by the Ohio Department of Education, Office for Exceptional Children.

Providing an independent evaluation at public expense

The school district provides the IEE at public expense when:

The parents request an IEE and the district agrees to pay for the evaluation if the evaluation meets the district’s criteria;
A hearing officer requests an IEE; or
A hearing officer finds that the district’s evaluation was not appropriate.

Guidance provided by the U.S. Department of Education

If the school district conducts a Functional Behavior Assessment (FBA) to evaluate a child to determine if a child is a child with a disability or conducts an FBA to develop or modify a behavioral intervention plan for a child, a parent who disagrees with the child’s FBA has the right to request an IEE at public expense. (OSEP letter to Dr. Kris Christiansen, February 9, 2007) (For guidance on conducting a functional behavioral assessment see Discipline - 8.3 Code of Conduct Violations - Removals of More than 10 Cumulative School Days - Change of Placement ).

When a hearing officer orders an IEE, parental consent is required for the school district to release education records to the independent evaluator who will conduct the IEE. If a parent refuses to consent to the release of education records to an independent evaluator, a hearing officer could decide to dismiss the complaint (Federal Register, August 14, 2006, pg. 46690).

REQUIREMENT

3301-51-05
(G) Independent educational evaluation
(3) Parent-initiated evaluations If the parent obtains an independent educational evaluation at public expense or shares with the school district an evaluation obtained at private expense, the results of the evaluation:

(a) Must be considered by the school district of residence, if it meets district criteria, in any decision made with respect to the provisions of FAPE to the child; and

(b) May be presented by any party as evidence at a hearing on a due process complaint under Subpart E of Part B of the IDEA regarding the child.

GUIDANCE

Parent-initiated evaluations

If the evaluation obtained by the parents meets the school district’s criteria for evaluations, the IEP and/or evaluation team reviews and discusses the evaluation, taking into consideration the findings or recommendations.

The IEP and/or evaluation team conducts this review of the evaluation funded at public expense and of private evaluations paid for by the parents.
The IEP team and/or evaluation team must consider results and recommendations from the IEE. The IEP and/or evaluation team is not required, but may include results from the IEE in the ETR or recommendations from the IEE regarding the child’s special education and related services in the IEP.
The IEP and/or evaluation team documents its consideration of information included in evaluations funded at public expense or private evaluations paid for by the parents.

If the school district believes the privately funded evaluation does not meet its criteria for an IEE, the school district provides parents with the reasons documented in a Prior Written Notice to Parents PR-01 form.

Parents are not required to share an evaluation they obtain at private expense. However, a privately funded evaluation that is not shared with a public agency would not be considered an IEE under this rule. (Federal Register, August 14, 2006, pg. 46690).

If a hearing officer decides that the school district’s evaluation is correct or appropriate, the parents still have the right to an IEE at the parents’ expense. If the private evaluation obtained by the parents meets the district’s criteria for IEE and the parents share that private evaluation with the district, the district must consider that IEE in any decision it makes related to providing FAPE for that child.

The school district or the parents may present information obtained through an IEE provided at public expense or a private evaluation shared by the parents at an impartial due process hearing regarding the child.

Procedural Safeguards - 5.4 Parental Consent for Services and Change of Placement

bwalujo — Tue, 18 Oct 2011 21:33:55 -0500

Procedural Safeguards - 5.4 Parental Consent for Services and Change of Placement

State Performance Plan (SPP):

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

SPP 8:

Percent of parents with a child receiving special education services report that schools facilitated parent involvement as a means of improving services and results for children with disabilities. (20.U.S.C. 1416 (a)(3)(A))

Intent:

To provide procedures school districts (LEAs) will follow to assure that parents understand their right to provide or refuse consent for the provision of special education services or for a change of placement.

Timelines:

Consent for the provision of services is obtained once an initial IEP has been developed. The initial IEP must be developed within whichever of the following time periods is the shortest:

Within 30 calendar days - within 30 calendar days of completing the evaluation and determining that the child needs special education and related services;

Within 90 calendar days - within 90 calendar days of receiving parental consent for an evaluation; or

Within 120 calendar days - within 120 calendar days of receiving a request for an evaluation from a parent or school district.

REQUIREMENT

3301-51-01
(B) Definitions
(12) "Consent" means that:
(a) The parent has been fully informed of all information relevant to the activity for which consent is sought, in the parent’s native language, or other mode of communication;
(b) The parent understands and agrees in writing to the carrying out of the activity for which the parent’s consent is sought, and the consent describes that activity and lists the records (if any) that will be released and to whom; and

(i) The parent understands that the granting of consent is voluntary on the part of the parent and may be revoked at any time.

(ii) If a parent revokes consent, that revocation is not retroactive (i.e., it does not negate an action that has occurred after the consent was given and before the consent was revoked).

3301-51-05
(C) Parental consent
(1)Parental consent for initial evaluation

(b) Parental consent for initial evaluation must not be construed as consent for the initial provision of special education and related services.

(2) Parental consent for services
(a) A school district of residence that is responsible for making FAPE available to a child with a disability must obtain informed consent from the parent of the child before the initial provision of special education and related services to the child.
(b) The school district of residence must make reasonable efforts to obtain informed consent from the parent for the initial provision of special education and related services to the child.
(c) If the parent of the child refuses to consent to the initial provision of special education and related services, or the parent fails to respond to a request to provide consent for the initial provision of special education and related services, the school district of residence:

(i) Shall not use the procedures in Subpart E of Part B of the IDEA, including the mediation procedures or the due process procedures described in this rule, in order to obtain agreement or a ruling that services may be provided to the child;

(ii) Will not be considered to be in violation of the requirement to make FAPE available to the child for the failure to provide the child with the special education and related services for which the school district of residence requests consent; and

(iii) Is not required to convene an individualized education program (IEP) team meeting or develop an IEP under rule 3301-51-07 of the Administrative Code for the child for the special education and related services for which the school district of residence requests such consent.

(6) Other consent requirements

(b) To meet the reasonable efforts requirement in paragraphs (C)(1)(c), (C)(1)(d)(i), (C)(2)(b), (C)(3)(b)(i) and (C)(4)(c)(i) of this rule, the school district must document its attempts to obtain parental consent using the procedures in rule 3301-51-07 of the Administrative Code.

3301-51-07
(J) Parent participation
(4) Conducting an IEP team meeting without a parent in participation
A meeting may be conducted without a parent in attendance if the school district is unable to convince the parents that they should attend. In this case, the school district must keep a record of its attempts to arrange a mutually agreed on time and place, such as:

(a) Detailed records of telephone calls made or attempted and the results of those calls;

(b) Copies of correspondence sent to the parents and any responses received; and

GUIDANCE

A list of actions requiring parental consent and when it must be provided is included on the chart at the beginning of the Procedural Safeguards section. See: When to Provide Prior Written Notice, Informed Consent, and Procedural Safeguards Notice.

Parental consent for services

The school district makes "reasonable efforts" to contact parents to obtain consent for the initial provision of special education and related services.

The school district should attempt to contact parents who are not responding through various means such as:

Written correspondence;
Phone calls;
Electronic mail communications, to include but not limited to e-mail and password-protected parent pages; and
Visits to the home or parents’ places of employment.

School district personnel document their attempts to contact the parents by keeping detailed records that include dates, times and results of their efforts. This documentation is filed with the child’s IEP.

The school district encourages parents to attend IEP meetings by pointing out the importance of the IEP for each child with a disability and by stressing the vital role that parents play in developing the IEP.

The school district obtains signed parental consent for the initial provision of special education and related services on the IEP PR-07 form at the IEP meeting conducted in accordance with procedures provided in IEP - 7.4 Development of IEP.

If parents have joint custody of the child, only one parent must consent before the initial provision of special education and related services may occur.

If the parents disagree and are threatening legal action or revocation of consent, ODE/OEC recommends that the district:

Contact the judge that wrote the divorce decree;
Explain that the joint custody for educational decision making is interfering with the provision of services for the child; and
Seek the judge’s assistance in resolving the parents’ disagreement.

ODE/OEC recommends these steps be taken when legal action or revocation of consent is being proposed since disagreements between the parents could result in one parent providing informed consent to evaluate or serve the child and the other parent revoking consent. If a parent revokes consent the district cannot take the parent to a due process hearing to obtain a ruling that services may be provided.

The school district ensures that the IEP is developed and that parental consent is obtained for the initial provision of special education and related services by whichever of the following time periods is the shortest.

Within 30 calendar days of completing the evaluation and determining that the child needs special education and related services;

This is in addition to the timelines for obtaining consent and completing the initial evaluation. The rules require that parental consent be obtained within 30 days of receiving a request for an evaluation and that the evaluation be conducted within 60 days from receiving the parental consent.

Within 90 calendar days of receiving parental consent for an evaluation;

This timeline incorporates the requirements for conducting the initial evaluation (within 60 days of receiving parental consent) and developing the IEP (within 30 days of completing the evaluation).

Within 120 calendar days of receiving a request for an evaluation from the parents or school district.

This timeline includes the requirements for obtaining consent, conducting the initial evaluation and developing the IEP.

Fig XX IEP Timeline

The school district should obtain signed parental consent through other methods if parents did not attend the IEP meeting or they participated through alternative means such as conference calls or video conferencing. Other methods could include:

Mailing the IEP to the parents for giving consent;
Making a home visit to obtain the parents’ consent; and
Visiting the parents’ workplaces to obtain their consent.

Once signed parental consent is received, the school district implements the agreed upon services as specified in the IEP.

The school district provides the initial special education and related services for which the parents have given consent as documented on the IEP.

If the parents do not agree to all the services identified in the initial IEP, and so indicate on the IEP form, the school district provides the parents a Prior Written Notice to Parents PR-01 form documenting areas of disagreement and agreement. The district then provides the services that both the school district and the parents agree upon.

In situations where the parents agree with the majority of services in their child’s initial IEP, but disagree with the provision of a particular service or services, such as physical therapy or occupational therapy, the district should work with the parents informally to achieve agreement. While the parents and the district are attempting to resolve their differences, the district should provide the service or services that are not in dispute.

In situations where the parents disagree with the provision of a particular special education or related service, and the parents and district later agree that the child would be provided with FAPE if the child did not receive that service, the district could decide not to provide the service with which the parents disagree.

If, however, the parents and the district disagree about whether the child would be provided with FAPE if the child did not receive a particular special education or related service with which the parents disagree, and the parents and the district cannot resolve their differences informally, the parents may follow conflict resolution procedures to pursue the issue of whether the service is not appropriate for the child.

The parents may not revoke consent for part of an IEP. They must revoke consent for the entire IEP. See Revocation of Consent at the end of this section.(Questions and Answers on Individualized Education Programs (IEPs), Evaluations, and Reevaluations, OSEP, June 2010, Excerpt from Response).

Once the initial parental consent for special education and related services is given, the school district must obtain consent only for a change in placement, as defined in the requirements at the beginning of this section.

The IEP team conducts an annual review of the IEP and revises it, as appropriate. The IEP team then proceeds to implement the IEP for the following year. The school is not required to obtain consent for additional IEPs as long as there is no change of placement.

REQUIREMENT

3301-51-05
(C) Parental consent
(2) Parental consent for services (continued)
(c) If the parent of a child refuses to consent to the initial provision of special education and related services, or the parent fails to respond to a request to provide consent for the initial provision of special education and related services, the school district of residence:

(ii) Will not be considered to be in violation of the requirement to make available FAPE to the child for the failure to provide the child with the special education and related services for which the school district of residence requests consent; and

3301-51-05
(C) Parental consent for services
(6) Other Consent Requirements

(a) A school district may not use a parent’s refusal to consent to one service or activity under paragraphs (C)(1) or (C)(4)(b) of this rule to deny the parent or child any other service, benefit, or activity of the school district, except as required by this rule.

GUIDANCE

Parental consent for services (continued)

If the parents failed to respond

If the parents failed to respond to the school district’s request to provide consent for the initial provision of special education and related services, the school district should maintain a record of its attempts to contact the parents.

"Failed to respond," in this context, is generally understood to mean that, in spite of the school district’s efforts to obtain consent, the parents have not indicated whether they consent to or refuse consent for special education and related services.

If the parents explicitly refuse consent for the initial provision of special education and related services, as evidenced by their signatures on the IEP indicating that consent is not given, the school district maintains a copy of the signed IEP in the child’s education record that shows the district offered a free appropriate public education (FAPE) and the parents refused.

If the parents fail to respond or refuse consent for initial special education and related services, the school district may not use the mediation procedures set forth in the Operating Standards for Ohio Educational Agencies Serving Children with Disabilities or request a due process hearing to obtain agreement or a ruling that the services may be provided to the child.

The school district provides the parents with prior written notice and continues to provide the child with appropriate interventions in the regular education environment. The school district provides this notice within 30 days of its attempts to obtain written consent have been unsuccessful.

REQUIREMENT

3301-51-05
(C) Parental consent
(5) Parental consent for change in placement
(a) A "change of placement" means a change from one option on the continuum of alternative placements to another.

(b) Informed parental consent must be obtained before making a change of placement of a child with a disability.

3301-51-09
(C) Continuum of alternative placements
(1) Each school district 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 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.

3301-51-11 Preschool special education requirements
(F) Center-based and itinerant teacher services
A continuum of service delivery options that includes the options of center-based or itinerant teacher services shall be considered when determining the least restrictive environment.
(5) A "change of placement" is defined as a change in the service delivery (center-based or itinerant teacher).

GUIDANCE

Change of Placement

A "change of placement" means a change from one option on the continuum of alternative placements to another. (3301-51-05 (C)(5). A change in location, while usually not a change of placement, may constitute a change of placement if the change in location substantially alters the child's educational program.

Questions to ask when determining whether or not a change of placement is occurring:

Can the child's current IEP be implemented exactly as it is written?
Is the child being educated with nondisabled peers to the same extent as in the current placement?
Will the child have the same opportunities to participate in extracurricular and nonacademic services?
Is the new location the same option on the continuum of alternative placements?
Is the same methodology being used in the classroom?
Are there the same number of aides available in the classroom and any one-on-one aides as required by the child's IEP?
Is access to technology and equipment the same?

If the answer to these questions is "yes," you most likely do not have a change in placement. If the child's IEP is being revised concurrently with a change of location, this may be a change in placement.

(OSEP letters to Joseph Fisher, April 18, 1994 and Charlene Green, August 15, 1995)

Note: Some of these questions will not apply to preschool.

Parental consent for change in placement

If the school district is proposing a change in placement for a child for reasons other than discipline, the school district:

Obtains written parental consent on the IEP form at the IEP meeting that is conducted in accordance with procedures provided in IEP - 7.4 Development of IEP.
- If parents have joint custody of the child, only one parent must consent before a change in placement may occur. If the custody papers give one parent the authority to make educational decisions, the parent with that authority must provide the consent.
- A "change in placement," as defined in the requirements above, means a change from one option on the continuum of alternative placements to another.
- The following situations do not constitute a change in placement, and therefore, do not require parental consent:
  - Moving a child from one building to another; or
  - Changing the percentage of time a child spends in a particular setting (e.g., increasing the time spent in a resource room from 60 to 120 minutes).
  - Changes in related services (i.e., where provided and time spent in related services).

The school district obtains signed parental consent through other methods if parents did not attend the IEP meeting or if they participated through alternative means such as conference calls or video conferencing. Other methods may include:

Mailing the IEP to the parents for their signed consent;
Making a home visit to obtain the parents' consent; or
Visiting the parents' workplaces to obtain the their consent.

Once signed parental consent is received by the school district for the change in placement, the school district implements the agreed-upon services as specified in the IEP. The district may not change the child's placement until the parents consent to the proposed change in placement.

REQUIREMENT

3301-51-05
(C) Parental consent
(5) Parental consent for a change in placement (continued)

(i) A change of placement if the school district of residence can demonstrate that it has made reasonable efforts, as described in rule 3301-51-07 of the Administrative Code, to obtain consent and the child’s parent has failed to respond.

(ii) A change of placement of a child with a disability that is the result of a disciplinary action taken in accordance with paragraph (K)(20) of this rule.

(K) Conflict resolution
(26) Change of placement because of disciplinary removals
(a) For purposes of removals of a child with a disability from the child’s current educational placement under paragraphs (K)(20) to (K)(25) of this rule, a change of placement occurs if:

(i) The removal is for more than ten consecutive school days; or

(ii) The child has been subjected to a series of removals that constitute a pattern:

(a) Because the series of removals total more than ten school days in a school year;

(b) Because the child’s behavior is substantially similar to the child’s behavior in previous incidents that resulted in the series of removals; and

(c) Because of such additional factors as the length of each removal, the total amount of time the child has been removed, and the proximity of the removals to one another.

(b) The school district determines on a case-by-case basis whether a pattern of removals constitutes a change of placement. This determination is subject to review through due process and judicial proceedings.

GUIDANCE

Parental consent for a change in placement (continued)

The school district must obtain parental consent before making a change in placement. If parental consent cannot be obtained, the school district may file a due process complaint requesting a due process hearing or request mediation in order to obtain agreement or a ruling that the placement may be changed.

In the case of disciplinary actions, the school district cannot change the child's placement without parental consent if the child's behavior is determined to be a manifestation of the child's disability. (See Discipline 8.3 Code of Conduct Violations: Removals of More than 10 Cumulative School Days - Change of Placement)

REQUIREMENT

3301-51-05
(C) Parental consent
(3) Revocation of parental consent. If, at any time subsequent to the initial provision of special education and related services, the parent of a child revokes consent in writing for the continued provision of special education and related services, the school district:

(a)Shall not continue to provide special education and related services to the child, but shall provide prior written notice in accordance with paragraph (H) of this rule before ceasing the provision of special education and related services;

(b) Shall not use the procedures in Subpart E of Part B of the IDEA, including the mediation procedures or the due process procedures described in this rule, in order to obtain agreement or ruling that the services shall be provided to the child;

(c) Shall not be considered to be in violation of the requirement to make FAPE available to the child for the failure to provide the child with further special education and related services; and

(d) Shall not be required to convene an individualized education program (IEP) team meeting or develop an IEP pursuant to rule 3301-51-07 of the Administrative Code for the child for further provision of special education and related services.

GUIDANCE

Revocation of consent

Note: Regulations governing IDEA that address "consent" and "revocation of consent" have been amended. The amended requirements are reflected in the following guidance.

The parents may revoke consent for and remove the child from all special education and related services. The revocation of consent for the continued provision of special education and related services must be in writing.

Actions the school district takes when consent is revoked:

Continue to implement the child's IEP as written, until the district provides the parents with prior written notice.
Send Prior Written Notice to Parents PR-01 form that includes the following:
- A summary of the educational needs of the child;
- A summary of all of the supports and services the child will no longer receive; and
- A statement that none of the rights and protections provided to children with disabilities will be provided to the child once the child is exited from special education; and
Once prior written notice is provided to the parents, the district will no longer implement the child’s IEP and will treat that child as any child without a disability.

The school district does not need to provide Whose IDEA Is This? when a parent revokes consent.

Note: The parents may not revoke consent for only a part of an IEP. The parents must revoke consent for the entire IEP. If the parents disagree with any part of an IEP, they must follow conflict resolution procedures; i.e., administrative review, mediation, IEP facilitation, complaint or due process hearing.

Actions the school district will NOT take when consent is revoked:

A three-year reevaluation;
An annual IEP meeting; and
Discipline procedures as outlined in IDEA.

Note: The school district will treat the child whose parents have revoked consent just as they would treat any child without a disability and will not be liable for providing the child a free appropriate public education FAPE), per the new federal regulation.

The district will continue to conduct child find activities on a regular basis and will include all children whose parents have revoked consent for special education and related services. This means the district will continue to periodically ask the parents if they would like the district to evaluate their child for a suspected disability. This would be considered an initial referral. If the parents agree to the evaluation and the child is found eligible for services, the district will create an IEP and serve the child.

The school district is not required to amend the child's education records to remove any references to the child's receipt of special education and related services because of the revocation of consent.

Ohio Required Forms

bwalujo — Tue, 18 Oct 2011 21:00:27 -0500

Ohio Required Forms

The due process form, formerly entitled PR-08, is a model form that is not required by IDEA for parents or local educational agencies to file a request for a due process hearing. It can be found in the Model Forms section.

Services Plan

The IEP PR-07 form is no longer used for the Services Plan. A Services Plan form has been developed by ODE/OEC and is available to view/download.

Services Plan Form (dynamic) (revised March 13, 2009)
Services Plan Form (static) (revised March 13, 2009)
Annotations for the Services Plan Form (revised June 30, 2009)

English

Form PR-01: Prior Written Notice to Parents (revised May 28, 2009)
Form PR-02: Parent Invitation (revised May 4, 2009)
Form PR-03: Manifestation Determination Review (revised May 4, 2009)
Form PR-04: Referral for Evaluation (revised May 4, 2009)
Form PR-05: Consent for Evaluation (revised May 4, 2009)
Form PR-06: Evaluation Team Report (ETR) - dynamic (revised May 10, 2011)
Form PR-06: Evaluation Team Report (ETR) - static (revised May 10, 2011)
ETR School Age Planning Form (included in Form PR-06)
ETR Preschool Planning Form (included in Form PR-06)
- Annotations for Form PR-06 (revised November, 2009)
In response to requests, the individual evaluators's assessment section of the ETR form has been made available separately.
Form PR-06: Evaluation Team Report (ETR) - Page 2 only
Form PR-07: Individualized Education Program (IEP) - dynamic (revised May 10, 2010)
Form PR-07: Individualized Education Program (IEP) - static (revised May 6, 2009)
- Annotations for the IEP PR-07 Form. (revised October, 2011 )
Form PR-09: Services Plan (SP) - dynamic (revised March 13, 2009)
Form PR-09: Services Plan (SP) - static (revised March 13, 2009)
- Annotations for Form PR-09 (revised June 30, 2009)

Evaluation - 6.2 Request and Referral for Initial Evaluation

kschindler — Mon, 10 Oct 2011 22:52:51 -0500

Evaluation - 6.2 Request and Referral for Initial Evaluation

State Performance Plan (SPP):

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

Intent:

To ensure that when an initial evaluation has been requested either by the parents or a public agency to determine whether a child is a child with a disability, the school district (LEA) obtains the parents' informed written consent for the evaluation; the evaluation is conducted within the timeline stated in the requirements under IDEA; and state rule; and the parents are provided with a written, understandable explanation of their educational rights and the responsibilities of the school district (LEA).

Timelines:

Consent for evaluation

Within 30 days of receiving a request for an initial evaluation of a child from either the child's parents or a public agency, the school district of residence will either obtain parents' consent for an initial evaluation or provide the parents prior written notice stating that the school district does not suspect a disability and will not be conducting an evaluation. The child's parents should document the request for an evaluation in writing.

Conducting the evaluation

Within 60 days from receipt of parental consent to evaluate a child, the school district will conduct a comprehensive initial evaluation of the child to identify the child's educational needs and to determine if the child is a child with a disability.

Preschool Note

School districts cannot require other agencies to use an RtI process when identifying preschoolers with disabilities.

Exceptions to 60-day timeline: The 60-day timeline for conducting the evaluation does not apply to a school district if:

The parents of the child repeatedly fail or refuse to produce the child for the evaluation; or
The child enrolls in a new school district of residence after the 60-day period has begun and prior to a determination by the child's previous school district of residence regarding whether the child is a child with a disability. This exception applies only if the current school district of residence is making sufficient progress to ensure a prompt completion of the evaluation and the parents and the current school district agree to a specific time when the evaluation will be completed.

When the existence of a specific learning disability is being determined, the 60-day timeline can also be extended with mutual written agreement between the parents and eligibility team if additional data are needed that cannot be obtained within the 60-day timeline.

Evaluation team report (ETR) and documentation of eligibility status

Preschool Note

Timelines reflect the maximum number of days. For children transitioning from Help Me Grow, timelines may be less than 120 days since an IEP must be implemented by the child's third birthday.

REQUIREMENT

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:
(51) "Referral" means the date the public school district or community school receives a parent's, school district’s, or other educational agency's request for an initial evaluation or reevaluation.

3301-51-06
(B) Initial evaluations
(1) General
Each school district of residence must conduct a full and individual initial evaluation before the initial provision of special education and related services under Part B of the Individuals with Disabilities Education Act, as amended by the Individuals with Disabilities Education Improvement Act of 2004, December 2004 (IDEA), to a child with a disability residing in the school district.

(2) Request for initial evaluation
Consistent with the consent requirements in rule 3301-51-05 of the Administrative Code, either a parent of a child or a public agency may initiate a request for an initial evaluation to determine if the child is a child with a disability.

(3) A school district of residence will, within thirty days of receipt of a request for an evaluation from either a parent of a child or a public agency, either obtain parental consent for an initial evaluation or provide to the parents prior written notice stating that the school district does not suspect a disability and will not be conducting an evaluation.

(4) Procedures for initial evaluation
The initial evaluation:

(a) Must be conducted within sixty days of receiving parental consent for the evaluation; and

(b) Must consist of procedures:

(i) To determine if the child is a child with a disability as defined in paragraph(B)(10) of rule 3301-51-01 of the Administrative Code; and

(ii) To determine the educational needs of the child.

(5) Exception
The time frame described in paragraph (B)(4)(a) of this rule does not apply to a school district if:

(a) The parent of a child repeatedly fails or refuses to produce the child for the evaluation; or

(b) A child enrolls in a new school district of residence after the relevant time frame in paragraph (B)(4)(a) of this rule has begun, and prior to a determination by the child’s previous school district of residence as to whether the child is a child with a disability as defined in paragraph (B)(10) of rule 3301-51-01 of the Administrative Code.

(6) This exception in paragraph (B)(5)(b) of this rule applies only if the subsequent school district of residence is making sufficient progress to ensure a prompt completion of the evaluation, and the parent and subsequent school district agree to a specific time when the evaluation will be completed.

3301-51-05
(C) Parental consent
(1) Parental consent for initial evaluation

(a) The school district proposing to conduct an initial evaluation to determine if a child qualifies as a child with a disability under the definition of "child with a disability" in rule 3301-51-01 of the Administrative Code must, after providing notice consistent with the requirements of this rule, obtain informed consent, consistent with the definition of "consent" in rule 3301-51-01 of the Administrative code, from the parent of the child before conducting the evaluation.

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:
(12) "Consent" means that:

(a) The parent has been fully informed of all information relevant to the activity for which consent is sought, in the parent’s native language, or other mode of communication;

(b) The parent understands and agrees in writing to the carrying out of the activity for which the parent consent is sought, and the consent describes that activity and lists the records (if any) that will be released and to whom; and

(i) The parent understands that the granting of consent is voluntary on the part of the parent and may be revoked at anytime.

(ii) If a parent revokes consent, that revocation is not retroactive (i.e., it does not negate an action that has occurred after the consent was given and before the consent was revoked).

GUIDANCE

Request and referral for initial evaluation

Either parents of a child or a public agency may initiate a request for an initial evaluation. If the school district, after reviewing all relevant information about the child, agrees that an evaluation is necessary to determine if the child is a child with a disability, the district should obtain parents' consent. The school district should promptly request parental consent to evaluate a child if the child has not made adequate progress when provided with high quality interventions or when these interventions require a level of intensity that can be provided only with special education and related services.

All parental requests for evaluation for a suspected disability should be considered very seriously, and as a first step, it is typically helpful for district personnel to meet with the parents to gain a better understanding of their concerns for their child. In most cases, an explanation of the sequence of intervention activities (i.e., targeted interventions and individualized intensive interventions, coupled with progress monitoring) will reassure the parents that the child’s needs are recognized and are being addressed by the school. As explained in Evaluation - 6.1 Instruction and Intervention Supported by Scientifically-Based Research, - in some cases the district may agree to an evaluation prior to any interventions taking place. In that instance, the district should obtain the parents' consent OR parent consent and implement an intervention during the 60-day timeline. However, if a preponderance of data from multiple sources indicates that the child would not be eligible for special education, the district should send prior written notice to the parents indicating that the district will not be conducting an evaluation. Regardless of the decision by the district, every attempt should be made to assist the parents and address the needs of the child, even if these needs do not require special education services.

For children transitioning from Help Me Grow, discussion should occur at the Preschool Transition Conference (PSTC) and there should be a review of information available to determine if the child is suspected of having a disability. If not, a Prior Written Notice to Parents PR-01 form should be provided and referral processes should be addressed.

The ETR process chart identifies the steps that must be taken when the school district receives a request to evaluate a child for a suspected disability or when the school district suspects a disability and refers the child for an evaluation

Definition of initial evaluation

An initial evaluation is conducted when:

The district or parents first suspect a disability;
A child has been evaluated previously and found not eligible for special education services and is evaluated again at a later date;
A child transitions from Help Me Grow (HMG) to preschool special education;
A child moves into the district from out of state;
The parents have revoked consent and want the child once again to receive special education and related services; and
A child has exited special education and is evaluated again at a later date.

An evaluation would be considered a reevaluation and should be completed as soon as possible, when a child's ETR or IEP have expired because the child has:

Moved frequently;
Been incarcerated;
Been truant;or
Been placed in a residential facility;

The primary purpose of a reevaluation is to confirm that the child continues to be a child with a disability.

Referral process

Parents' request for evaluation
As soon as possible and no later than 30 days from receiving a parental request for an initial evaluation of a child, the school district of residence must:

Explain the referral process to the parents;
Provide the parents with a copy of procedural safeguards, Whose IDEA Is This?;
Provide the parent Prior Written Notice to Parents PR-01 form indicating the district's intent to conduct an evaluation and obtain parents' consent for the evaluation on the Parent Consent for Evaluation PR-05 form; or
Provide the parents the Prior Written Notice to Parents PR-01 form stating that the school district does not suspect a disability and will not be conducting an evaluation.

See Child Find - 3.2 Responsibilities in Locating Children with Disabilities for clarification on date of referral.

School district referral for evaluation
If the school district suspects that the child has a disability and proposes to conduct an initial evaluation, the district must:

Contact the parents and explain the referral process;
Provide the parents a copy of procedural safeguards, Whose IDEA Is This?;
Provide the parents the Prior Written Notice to Parents PR-01 form indicating the district's intent to conduct an evaluation and describing each evaluation procedure, assessment, record or report that the district used as a basis for initiating the evaluation;
Request permission to evaluate the child and provide the parents with the Parent Consent for Evaluation PR-05 form.

When a school district and parents agree to evaluate a child, the district should provide the parents with the name, school address, phone number and e-mail address of a district contact person who is available to respond to any questions the parents may have about the proposed evaluation.

Preschool Note: This may occur during the Preschool Transition Conference (PSTC) or at a later date agreed to by all parties.

Parents' consent for initial evaluation
The district must obtain informed consent from the parents for the initial evaluation on the Parent Consent for Evaluation PR-05 form before conducting the evaluation. The district should document attempts to obtain the parents' consent by maintaining detailed records that include the dates, times and results of their efforts. The documentation, which may include phone logs and copies of written correspondence including electronic communications, should be filed in the child's education record.

Exception to 60-day timeline:

The 60-day timeline for conducting the evaluation does not apply to a school district if:

The parents of the child repeatedly fails or refuses to produce the child for the evaluation; or
The child enrolls in a new school district of residence after the 60-day period has begun, but prior to a determination by the child’s previous school district of residence regarding whether the child is a child with a disability. This exception applies only if the current school district of residence is making sufficient progress to ensure a prompt completion of the evaluation and the parents and the current school district agree to a specific time when the evaluation will be completed.

When determining the existence of a specific learning disability, the 60-day timeline also can be extended with mutual written agreement between the parents and eligibility team if it is determined that additional data are needed that cannot be obtained within the 60-day timeline.

The school district of residence must conduct a full and individual initial evaluation before starting the initial provision of special education and related services to a child with a disability residing in the school district.

Parental consent for initial evaluation

The school district must obtain informed consent for the initial evaluation and should document attempts to obtain the parents’ consent by maintaining detailed records that include dates, times and results of their efforts. The documentation is filed in the child’s education record. Documentation may include telephone logs, copies of written correspondence including electronic communications, and/or completion of Documentation of Attempts to Obtain Parent Participation (optional form).

Evaluation - 6.1 Instruction and Intervention Supported by Scientifically Based Research

kschindler — Mon, 10 Oct 2011 22:48:48 -0500

Evaluation - 6.1 Instruction and Intervention Supported by Scientifically Based Research

State Performance Plan (SPP):

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

Intent:

To provide guidance to ensure that all children, including children suspected of having a disability and children identified with one or more disabilities, receive scientifically based, high quality instruction and intervention that are matched to their academic, social-emotional and behavioral needs and are delivered with a comprehensive, integrated system of supports.

Timelines:

Consent for evaluation

Within 30 days of receiving a request for an initial evaluation of a child from either the child’s parents or a public agency, the school district of residence will either obtain parents' consent for an initial evaluation or provide the parents prior written notice stating that the school district does not suspect a disability and will not be conducting an evaluation. The child's parents should document the request for an evaluation in writing.

Conducting the evaluation

Preschool Note

School districts cannot require other agencies to use an RtI process when identifying preschoolers with disabilities.

Exceptions to 60-day timeline: The 60-day timeline for conducting the evaluation does not apply to a school district if:

The parents of the child repeatedly fails or refuses to produce the child for the evaluation; or
The child enrolls in a new school district of residence after the 60-day period has begun and prior to a determination by the child's previous school district of residence regarding whether the child is a child with a disability. This exception applies only if the current school district of residence is making sufficient progress to ensure a prompt completion of the evaluation and the parents and the current school district agree to a specific time when the evaluation will be completed.

When the existence of a specific learning disability is being determined, the 60-day timeline also can be extended with mutual written agreement between the parents and evaluation team, if additional data are needed that cannot be obtained within the 60-day timeline.

Evaluation team report (ETR) and documentation of eligibility status

Preschool Note

Timelines reflect the maximum number of days. For children transitioning from Help Me Grow, timelines may be less than 120 days since an IEP must be implemented by the child's third birthday.

REQUIREMENT

3301-51-06
(A) General
(1) 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 a referral process is employed to determine whether or not a child is a child with a disability. The school district of residence shall ensure that initial evaluations are conducted and that reevaluations are completed.

(2) Consistent with rule 3301-35-06 of the Administrative Code, each school district shall provide interventions to resolve concerns for any preschool or school-age child who is performing below grade-level standards.

(3) A school district may not use interventions to delay unnecessarily a child’s being evaluated to determine eligibility for special education services. If such interventions have not been implemented prior to referral for evaluation, appropriate interventions should be implemented during the same sixty-day time frame during which the school conducts a full and individual evaluation

(4) Each school district shall use data from interventions to determine eligibility for special education services, appropriate instructional practices, and access to the general curriculum. In the case of a preschool-age child, data collected through interventions is part of the differentiated process.

3301-51-06
(G) Determination of eligibility
(2) Special rule for eligibility determination
A child must not be determined to be a child with a disability under this rule:

(a) If the determinant factor for that determination is:

(i) Lack of appropriate instruction in reading, including the essential components of reading instruction as defined in Section 1208(3) of the Elementary and Secondary Education Act of 1965, as amended and specified in the No Child Left Behind Act of 2001, January 2002, 20 U.S.C. 6301 (ESEA) (Phonemic awareness, Phonics, Vocabulary development, Reading fluency including oral reading skills and strategies, Reading comprehension);

(ii) Lack of appropriate instruction in math; or

(iii) Limited English proficiency; and

(b) If the child does not otherwise meet the eligibility criteria under paragraph (B)(10) of rule 3301-51-01 of the Administrative Code.

Scientifically based research

As defined in both the No Child Left Behind Act of 2001 and IDEA 2004, the term "scientifically based research" means research that involves the application of rigorous, systematic and objective procedures to obtain reliable and valid knowledge about education activities and programs. It includes research that:

Employs systematic, empirical methods that draw on observation or experiment;

Involves rigorous data analyses that are adequate to test the stated hypotheses and justify the general conclusions drawn;

Relies on measurements or observational methods that provide reliable and valid data across evaluators and observers, across multiple measurements and observations, and across studies by the same or different investigators;

Is evaluated using experimental or quasi-experimental designs in which individuals, entities, programs or activities are assigned to different conditions and with appropriate controls to evaluate the effects of the condition of interest, with a preference for random-assignment experiments or other designs, to the extent that those designs contain within-condition or across-condition controls;

Ensures that experimental studies are presented in sufficient detail and clarity to allow for replication or, at a minimum, offer the opportunity to build systematically on their findings; and

Has been accepted by a peer-reviewed journal or approved by a panel of independent experts through a comparably rigorous, objective and scientific review.

GUIDANCE

Comprehensive and integrated system of high quality instruction and intervention

When identifying children who are not meeting grade-or age-level expectations, the important first step is to establish that the child has received high quality instruction within the core curriculum. The district's overall improvement process should examine the performance of all children to ensure that the vast majority of children are meeting standards and are receiving high quality instruction delivered by qualified teachers in regular education classes.

Even given high quality instruction, there will be children who need additional targeted intervention to meet expectations. These interventions must be structured to meet the specific, identified needs and must be provided in addition to the instruction provided to all children. Progress must be monitored closely using data gathered from the intervention to determine whether or not the intervention is having the desired impact. If the child is not progressing as expected, the intervention can be modified, for example, by increasing the amount of time or frequency of the intervention or adjusting the group size of children participating in the intervention.

In some cases, the child’s satisfactory progress-monitoring data and rate of progress as a result of receiving targeted assistance warrant discontinuation of this assistance; in others, targeted assistance must be continued to produce or maintain improvements in the child’s level of performance and rate of progress. However, there are a small number of children who will require highly individualized intensive interventions to be successful. Ordinarily, these individualized interventions are planned by a school intervention team and require consultation with personnel who have expertise in assessment and knowledge of research-based interventions. If the data indicate that the child is not demonstrating adequate progress when provided with high quality individualized intensive interventions, or when these interventions require more support than can be provided solely within the regular education environment, the child may be suspected of having a disability and be referred for an evaluation. At this point, the district should obtain parental consent for the evaluation, and all requirements pertaining to an initial evaluation, including the timelines, would apply. The data collected as part of the intervention process will become a significant component of the evaluation process.

There are circumstances when interventions must be implemented concurrently with an evaluation during the 60-day timeline. These situations may occur, for example, when the child’s performance is significantly below that of peers and may require very intensive instruction to remediate; the child exhibits severe behavior problems that significantly disrupt the school environment; or the child has sensory, physical, neurological or developmental conditions that may clearly require intensive support.

Twice exceptional children

The term "twice exceptional" is used in the literature to define children who are both gifted and have a disability, such as a learning disability, attention deficit hyperactivity disorder, emotional disturbance, Asperger’s Syndrome, sensory disability or physical disability. Many twice exceptional children may go unrecognized because they demonstrate adequate progress in the general curriculum, yet their gifts may mask their disabilities. It is also possible that the twice exceptional child’s areas of deficit can result in school personnel failing to recognize the child’s areas of significant strength and potential.

When reviewing child progress and matching instruction and interventions to the specific needs of children, districts also should identify those children who display uneven development and growth in skills and abilities. Twice exceptional children will often excel in certain areas while experiencing significant challenges in others. Like all learners, there are no set profiles that can be used to characterize the twice exceptional child, since each child has unique needs. Instruction and interventions should address both the child’s strengths and challenges, and if the child does not make adequate progress when provided with high quality intensive interventions, the district may refer the child for a comprehensive evaluation.

Assurance of appropriate instruction in special circumstances

In certain situations it may be more difficult to determine if a child’s poor performance is due to a lack of appropriate instruction in reading or math or if it is the possible result of a disability. These situations could include:

Children who have a history of poor attendance or excessive truancy;
Children who have been in schools in academic watch, in a latge class size, or in a classroom where a teacher is not highly qualified;
Children, including migrant children, who have moved frequently and have attended numerous districts or buildings within a district;
Children who enroll in the school district and previously have been home-schooled or attended a private school;
Children who lacked exposure to developmentally-appropriate activities; and
Children who lacked needed support due to the impact of poverty.

In the case of children who have moved frequently, attended private school or been home-schooled, the district should attempt to obtain information about the child’s educational history from the parents and other educational entities that the child has attended, to the extent possible. This information could include the type of curricula the child was exposed to and available measures of the child’s progress.

The district should also obtain current data-based evidence to indicate the child’s present level of performance in mastering academic content standards appropriate for the child’s age or grade level and to determine the child’s progress when provided with high quality instruction and interventions. In addition to other relevant information about the child, the rate of progress can provide an indication of the intensity of instruction the child will require to improve performance. If the rate of the child’s progress is not adequate when provided with intensive individualized intervention, the district may suspect that the child has a disability and refer the child for a comprehensive evaluation.

In the case of a child who has a history of poor attendance or excessive truancy, the district must determine if the primary reason for the child’s poor performance is the result of reduced opportunities for instruction and learning, a lack of appropriate instruction or the presence of a disability. The same process described previously would also apply in this situation, but the district would also need to develop an intervention plan to address the child’s attendance or truancy problem to eliminate reduced instructional time as the cause of the child’s poor performance.

Components of effective interventions

For preschool children, interventions may be provided in an early childhood setting where the child is being served. Districts should have well-established dialogues and partnerships with community providers. Preschool children served in community settings are district children. Districts should consider the impact of failing to work with community providers in relationship to children being ready for kindergarten and schools being ready for children.

Effective interventions must include a number of key components to allow the district to establish that an intervention was or was not successful with a particular child or children. The key components include the following:

A clear statement in measurable terms, of the specific skill or behavior that will be targeted by the intervention;
Baseline information on the child’s present performance compared to that of same-age peers on the same skill or behavior, and an identified target goal that will be reached as a result of the intervention;
Involvement of the child’s parents in the problem-solving process used to design the intervention and the strategy that will be used to measure progress;
Identification of a scientific, research-based intervention that will be implemented to target the identified problem;
A description of the setting in which the intervention will occur and the individual(s) responsible for conducting the intervention;
Assurance that the selected intervention is culturally and linguistically appropriate for the particular child;
Identification of a method to measure the child’s response to the intervention and the frequency with which that progress measurement will occur;
Clear criteria, decision rules and timelines for determining an adequate or inadequate response to the intervention;
A plan to ensure that the intervention is implemented as designed; and
Adequate documentation of the intervention to assist in current and future decision making.

Effective interventions are NOT:

Procedures to be rushed through in order to obtain a “real evaluation” for a child;
Descriptions of placements in programs without specific data-driven information on the interventions that will be provided as part of that placement;
Strategies that do not address the specific areas of concern;
General descriptions of modifications or accommodations; or
Vague methods to measure progress.

Scientifically based research

Both the No Child Left Behind Act of 2001 and IDEA 2004 require districts to identify and use scientifically based research in designing and implementing educational programs, interventions and instructional strategies. Given the large number of instructional materials and practices that are promoted as being effective, it is important for educators to develop the ability to discern the difference between research evidence and opinion. An intervention is considered to be scientifically based when there is adequate empirical support for its efficacy, in the form of published, peer-reviewed studies of the intervention itself, or of major components of the intervention, using research methods with adequate internal and external validity.

Although judgment and personal experience play a significant role in shaping effective instruction, these factors cannot override research that provides evidence of the effectiveness or ineffectiveness of certain instructional practices. The highest standard of evidence would be research findings that are published in peer-reviewed journals. In many areas, educational research that meets this standard is unavailable, so educators will need to rely on a consensus of studies that point to certain conclusions. In all cases, it is the response of the child to the particular intervention or strategy that should be used as the standard for determining effectiveness. Even though research might support a certain practice, there is no guarantee that the practice will be effective for all children.

Procedures and Guidance for Ohio Educational Agencies serving Children with Disabilities

kschindler — Mon, 10 Oct 2011 22:36:02 -0500

Procedures and Guidance for Ohio Educational Agencies serving Children with Disabilities

ODE/OEC will continue to review and update the Guidance Document regularly to ensure that it reflects current policies. The date on the Guidance Document will change when it is updated. Users are discouraged from printing the document as the copy a user may print may not include important updates.

List of changes to the Guidance Document in October 2011 can be viewed by clicking here

Section 5,Procedural Safeguards includes three tables. These tables can be quickly accessed using the links below.

When to Provide Prior Written Notice, Informed Consent, and Procedural Safeguards Notice

Conflict Resolution Processes

Quick Reference for Due Process Complaints

New charts are available for:

ETR process chart

Residency and Custody

Introduction
1.1 Overview
1.2 Free Appropriate Public Education (FAPE)
1.3 Least Restrictive Environment (LRE)
Ohio Required Forms (English)

The due process form, formerly entitled PR-08, is a model form that is not required by IDEA for parents or local educational agencies to file a request for a due process hearing. It can be found in the Model Forms section.
- Form PR-01: Prior Written Notice to Parents (revised May 28, 2009)
- Form PR-02: Parent Invitation (revised May 4, 2009)
- Form PR-03: Manifestation Determination Review (revised May 4, 2009)
- Form PR-04: Referral for Evaluation (revised May 4, 2009)
- Form PR-05: Consent for Evaluation (revised May 4, 2009)
- Form PR-06: Evaluation Team Report (ETR) - dynamic (revised May 10, 2011)
  Form PR-06: Evaluation Team Report (ETR) - static (revised May 10, 2011)
  - Annotations for Form PR-06 (revised October, 2009)
- Form PR-07: Individualized Education Program (IEP) - dynamic (revised May 10, 2010)
  Form PR-07: Individualized Education Program (IEP) - static (revised May 6, 2009)
  - Annotations for Form PR-07 (revised September 2,2010)
Child Find - Rule 3301-51-03
3.1 General - 3301-51-03(A)
- Child Find - 3301-51-03(A)
3.2 Responsibilities in Locating Children with Disabilities - 3301-51-03 (A) and (B)
- General - 3301-51-03(A)and (B)
- Collaboration -3301-51-03(B)(1)(a)and (b)
- Referral Procedural Steps - 3301-51-03(A); 3301-51-03(B)(1)(a)(b)
- Data Reporting with All Children including Nonpublic Children - 3301-51-03 (B)(1)(b)
- Use of the Term "Developmental Delay" - 3301-51-03(B)(2)
3.3 Disproportionality - 3301-51-03(C)
- Reducing or Eliminating Significant Disproportionality Based on Race and Ethnicity for Children Participating in Special Education and Related Services - 3301-51-03(C)(1)(a-c)
- Review and Revision of Policies, Practices, and Procedures Regarding Disproportionality - 3301-51-03(C)(2)(a-c)
3.4 Transition from Early Intervention to Preschool Special Education - 3301-51-11(D)
- Transition from Part C Early Intervention - 3301-51-11(D)(1-3)
- Preschool without Part C
- Eligibility - 3301-51-11(C)(C)(1-6); 3301-51-04
- Use of the Term "Developmental Delay" - 3301-51-11(C)((6)(c)
Confidentiality - Rule 3301-51-04
4.1 Policies and Procedures to Examine Records - 3301-51-04(A)
- Confidentiality - 3301-51-04(A)
4.2 Notice to Parents - 3301-51-04(C)
- Notice to Parents - 3301-51-04(C)
4.3 Access Rights- 3301-51-04(D)
- Access Rights - 3301-51-04(D)
4.4 Records on More than One Child - 3301-51-04(F)
- Records on More than One Child - 3301-51-04(F)
4.5 Lists of Types and Location of Information - 3301-51-04(G)
- Lists of Types and Location of Information - 3301-51-04(G)
4.6 Record of Access - 3301-51-04(E)
- Record of Access - 3301-51-04(E)
4.7 Fees - 3301-51-04(H)
- Fees - 3301-51-04(H)
4.8 Children's Rights - 3301-51-04(P)(1-3)
- Children's Rights - 3301-51-04(P)(1-3)
4.9 Disciplinary Information - 3301-51-04(Q)
- Disciplinary Information - 3301-51-04(Q)
4.10 Referral to and Action by Law Enforcement and Judicial Authorities and Transmittal of Records - 3301-51-04(R)(1) and (2)
- Referral to and Action by Law Enforcement and Judicial Authorities and Transmittal of Records - 3301-51-04(R)(1) and (2)
4.11 Amendment of Records at Parents' Request - 3301-51-04(I)
- Amendment of Records at Parents' Request - 3301-51-04(I)
4.12 Hearing and Hearing Results - 3301-51-04(J-L)
- Hearing - 3301-51-04(J)
- Hearing Procedures - 3301-51-04(L)
- Hearing Results - 3301-51-04(K)
4.13 Consent - 3301-51-04(M)
- Consent - 3301-51-04(M)
4.14 Safeguards - 3301-51-04(N)
- Safeguards - 3301-51-04(N)
4.15 Destruction of Information - 3301-51-04(O)
- Destruction of Information - 3301-51-04(O)
Procedural Safeguards - Rule 3301-51-05
- When to Provide Prior Written Notice, Informed Consent, and Procedural Safeguards Notice (table)
5.1 Prior Written Notice - 3301-51-05(H)
- Prior Notice by the School District - 3301-51-05(H)(1)(a) and (b)
- Electronic Mail - 3301-51-05(J)
- Content of Notice - 3301-51-05(H)(2)(a-g)
- Notice in Understandable Language - 3301-51-05(H)(3)(a) and (b)
- IEP as Written Notice - 3301-51-05(H)(4)(c)
5.2 Procedural Safeguards Notice - 3301-51-05(I)
- General - 3301-51-05(I)(1)(a-d)
- Electronic Mail - 3301-51-05(J)
- Internet Web Site - 3301-51-05(I)(2)
- Contents of Notice - 3301-51-05(I)(3)(a-m)
- Notice in Understandable Language - 3301-51-05(I)(4); 3301-51-05(H)(3)(a) and (b)
5.3 Parental Consent for Evaluation- 3301-51-05(C)(1)
- Request for Initial Evaluation - 3301-51-06(B)(2) and (3)
- Parents' Request - 3301-51-06(B)(2)
- School District Referral - 3301-51-06(B)(2) and (3)
- Date of Consent
- Wards of the State - 3301-51-05(C)(1)(d)(i-iii)
- Divorced Parents with Joint Custody
- If Unable to Obtain Parental Consent - 3301-51-05(C)(1)(e)
- Parental Consent for Reevaluation - 3301-51-05(C)(4)(a)(i-iii)(b)(i-ii)
- If Parents Refuse Consent for Reevaluation - 3301-51-05(C)(4)(a)(i-iii)
- If the Parents Failed to Respond - 3301-51-05(C)(4)(b)((i)and(ii)
- Parental Consent Not Required - 3301-51-05(C)(6)(c)(iii-iv)
5.4 Parental Consent for Services and Change in Placement - 3301-51-05(C)(2) and (4)
- Parental Consent for Services - 3301-51-05(C)(1)(b)(2)(a) and (b)
- If the Parents Failed to Respond - 3301-51-05(C)(2)(c)and (d)(i) and (ii)
- Change in Placement
- Parental Consent for Change in Placement - 3301-51-05(C)(5)(a) and (b); 3301-51-09(C)(1) and (2)
- Parental Consent for Change in Placement (continued) - 3301-51-05(C)(5)(c)(i) and (ii); 3301-51-05(K)(26)
- Revocation of Consent- 3301-51-05(C)(3)(a-c)
5.5 Transfer of Parental Rights at Age of Majority - 3301-51-07(H)(3); 3301-51-05(D)(1) and (2)
- Transfer of Parental Rights at Age of Majority - 3301-51-07(H)(3); 3301-51-05(D)(1)and (2)
- Guidance - 3301-51-05(D)(1) and (2)
5.6 Surrogate Parents - 3301-51-05(E)
- General - 3301-51-05(E)(1)
- Wards of the State - 3301-51-05(E)(3)
- Unaccompanied Homeless Youth - 3301-51-05(E)(9)
- Appointment of Surrogate by a Judge - 3301-51-05(E)(7)
- Child Who Has Reached Age of Majority (age 18) - 3301-51-05(E)(8)
- Duties of the School District - 3301-51-05(E)(2)(a) and (b)
- Method for Determining Need - 3301-51-05(E)(2)(a)and (b)
- Appointment of Surrogate by School District - 3301-51-05(2)(a) and (b)
- Recruitment - 3301-51-05(E)(4)(c)
- Criteria for Selecting Surrogate Parents - 3301-51-05(E)(4)(i-iv)
- Case Load
- Term of Appointment
- Compensation – 3301-51-05(E)(5)
- Liability - 3301-51-05(E)(6)
5.7 Opportunity to Review Records and Participate in Meetings - 3301-51-05(F)
- Opportunity to Examine Records - 3301-51-05(F)(1)(a) and (b)
- Requests for Evaluation Team Reports - 3301-51-05(F)(1)
- Parental Participation in Meetings - 3301-51-05(F)(2)(a-c)
- Parental Involvement in Placement Decisions - 3301-51-05(F)(3)(a-d)
5.8 Independent Educational Evaluation - 3301-51-05(G)
- General - 3301-51-05(G)(1)(a-c)
- School District Criteria - 3301-51-05(G)(5)(a) and (b)
- Parental Right to Evaluation at Public Expense - 3301-51-05(G)(2)(a-e)
- Filing a Due Process Complaint - 3301-51-05(K)(7)
- Providing an Independent Evaluation at Public Expense - 3301-51-05(G)(2)(b) and (G)(4)
- Guidance Provided by the U.S. Department of Education
- Parent-initiated Evaluations - 3301-51-05(G)(3)(a-b)
5.9 Conflict Resolution - 3301-51-05(K)(1-26)
- Introduction
- Discussion or Conference
- IEP Meeting - 3301-51-07(C)
- IEP Facilitation
- Administrative Reviews - 3301-51-05(K)
- State Complaints - 3301-51-05(K)(4)
- Mediation - 3301-51-05(K)(3)
- Due Process Complaint - 3301-51-05(K)(8)
- Resolution Meeting - 3301-51-05(K)
- Conflict Resolution Processes (table)
5.10 Administrative Reviews - 3301-51-05(K)
- Administrative Reviews - 3301-51-05(K)(1)(a)
- Opportunity to Present Complaints to the Superintendent - 3301-51-05(K)(1)(b)(i-iii)
5.11 Mediation - 3301-51-05(K)(3)
- Guidance - 3301-51-05(K)(3)
- Selecting and Agreeing Upon a Mediator - 3301-51-05(K)(3)(b)(iii) and (iv)
- Facilitated Resolution Meetings
- Procedures to Offer to Parents and Schools that Choose Not to Use Mediation - 3301-51-05(K)(3)(b)(ii) and (v)
- Scheduling of Mediation - 3301-51-05(K)(3)(b)(vi) and (x)
- Executing a Legally-binding Agreement - 3301-51-05(K)(3)(b)(vii) and (viii)
- Incorporating Mediation Changes in the IEP - 3301-51-05(K)(3)(b)(ix)
- Cost of Mediation - 3301-51-05(K)(3)(b)(v)
5.12 State Complaint Procedures - 3301-51-05(K)(4)
- Written Complaint Procedures - 3301-51-05(K)(4)(a)(i) and (ii)
- Parents of Children with Disabilities in Nonpublic Schools - 3301-51-08(L)(3)
- Definition: Homeless Children and Youth
- Filing a Complaint - 3301-51-05(K)(6) and (7)(a)(i) and (ii)
- Letter of Complaint - 3301-51-05(K)(6)(a-d)
- Letter of Acknowledgment - 3301-51-05(K)(5)
- Letter of Allegation - 3301-51-05(K)(5)
- Extension of 60-day Timeline - 3301-51-05(K)(5)(b)(i)
- Final Decision - Letter of Findings - 3301-51-05(K)(5)(v)
- Further Inquiry - 3301-51-05(K)(5)(b)
- Remedies for Denial of Appropriate Services - 3301-51-05(K)(4)(b)(i)and (ii)
- Complaints and Due Process Hearings Filed under Minimum State Complaint Procedures - 3301-51-05(K)(5)(c)(i-iii)
5.13 Due Process Complaints - 3301-51-05(K)(8)
- What is a Due Process Complaint? - 3301-51-05(K)(7)(a)(i)
- Who Can File a Due Process Compliant and on What Issues? - 3301-51-05(K)(7)(a)(i)
- What is the Time Limit for Filing a Complaint? - 3301-51-05(K)(7)(a)(ii); 3301-51-05(K)(10)(f)
- What Information Must be Included in a Due Process Complaint? - 3301-51-08(K)(8)(b)(i-vi)
- Appointment of Hearing Officer - 3301-51-05(K)(8)(d); 3301-51-05(K)(10)(c)(i-iii)
- Who Decides Whether the Information in the Due Process Complaint is Sufficient? - 3301-51-05(K)(8)(e)(i-v)
- Amending a Due Process Complaint - 3301-51-05(K)(8)(e)(iv)(a)and (b)
- Re-filing the Due Process Complaint - 3301-51-05(K)(8)(e)(v)
- What Steps does the School District Take When It Receives a Due Process Complaint and a Request for a Due Process Hearing? - 3301-51-05(K)(8)(f)(i) and (ii); 3301-51-05(K)(7)(c)
- What Steps Does the School District Take When It Files a Due Process Complaint? - 3301-51-05(K)(7)(b)
- Quick Reference for Due Process Complaints (table)
5.14 Resolution Process - 3301-51-05(K)(9)
- Resolution Meeting - 3301-51-05(K)(9)(a)(i-v)
- Parents' Due Process Request - 3301-51-05(K)(9)(a)(i-v)
- District Due Process Request
- Facilitated Resolution Meeting
- Planning for the Resolution Meeting - 3301-51-05(K)(9)(a)(i-v)
- Resolution Period - 3301-51-05(K)(9)(b)(i) and (ii)
- Adjustments to Thirty-day Resolution Period (15-day for Expedited Hearing) - 3301-51-05(K)(9)(c)
- Failure to Hold a Resolution Meeting - 3301-51-05(K)(9)(b)(iii-v)
- Failure to Participate in the Resolution Meeting - 3301-51-05(K)(9)(b)(iii-iv)
- Written Settlement Agreement - 3301-51-05(K)(9)(d)
- Agreement Review Period - 3301-51-05(K)(9)(e)
5.15 Impartial Due Process Hearing - 3301-51-05(K)(10)
- Expedited Due Process Hearings - 3301-51-05(22)(c)(i)
- General - 3301-51-05(K)(10)(a) and (b)
- Subject Matter of the Due Process Hearing - 3301-51-05(K)(10)(d)
- Timeline and Exceptions for Requesting a Hearing - 3301-51-05(K)(10)(e); 3301-51-05(K)(10)(f)
- Responsibility of the Hearing Officer - 3301-51-05(K)(12)(a-e)
- Hearing Rights - 3301-51-05(K)(11)(a)(i-v) and (c)(i-iii)
- Timelines and Adjustments - 3301-51-05(K)(15)(a) and (c)
- Withdrawal of Request - 3301-51-05(K)(9)(c)
- Convenience of Hearings - 3301-51-05(K)(15)(d)
- Disclosure of Information- - 3301-51-05(K)(11)(b)(i-ii)
- Hearing Decisions - 3301-51-05(K)(13)(a)(i-iii)
- Separate Request for a Due Process Hearing - 3301-51-05(K)(13)(c)
- Finality of Decision, Appeal - 3301-51-05(K)(14)(a)
- Costs for Hearing Requested by Parents - 3301-51-05(K)(16)(a) and (b)(i) and (ii)
- Costs for Hearing Requested by Other Public Agency - 3301-51-05(K)(16)(c)
- Use of Part B Funds - 3301-51-05(18)(b)(i) and (ii)
- Findings and Decision to Advisory Panel and General Public - 3301-51-05(K)(13)(d)(i) and (ii)
- Quick Reference for Due Process Complaints (table)
5.16 Expedited Due Process Hearing - 3301-51-05(K)(22)
- What is an Expedited Due Process Hearing? - 3301-51-05(K)(22)(a),(c)(i),(ii) and (v)
- Who May Request an Expedited Due Process Hearing? - 3301-51-05(K)(a)
- How Do Parents or a School District Request an Expedited Due Process Hearing? - 3301-51-05(K)(22)(d)(i) and (ii)
- Exceptions to Requirements for Non-expedited Hearing
- What are the Timelines for the Expedited Due Process Hearing? - 3301-51-05(K)(22)(c)(ii),(iii) and (d)(i-iv)
- Exception to Requirements for Non-expedited Hearing - 3301-51-05(K)(22)(d)(iv)
- Why do the Federal Regulations and Operating Standards for Ohio Educational Agencies Serving Children with Disabilities Require a Resolution Meeting? - 3301-51-05(K)(22)(c)(iii)(a)and(b)
- What Authority Does a Hearing Officer Have in an Expedited Due Process Hearing? - 3301-51-05(K)(22)(b)(i-iii)
- What Do the Above Requirements Stating "the Procedures...May be Repeated" Mean? - 3301-51-05(K)(22)(b)(iii)
- Removals Involving Special Circumstances and Expedited Due Process Hearings - 3301-51-05(K)(20)(g)
- Hearing Decision and Appeal - 3301-51-05(K)(22(d)(v)
- Exceptions to Requirement for Non-expedited Hearing
- Which Time Period Applies? - 3301-51-05(K)(23)
- Was the Child Disciplined Under School Code of Conduct Violations that Involved a Disciplinary Change in Placement? - 3301-51-05(K)(23); 3301-51-05(K)(2)(c)
- Was the Child Discipline Under Special Circumstances for Weapon or Drug Violations, or Serious Bodily Injury? - 3301-51-05(K)(23); 3301-51-05(K)(20)(g)
- Quick Reference for Due Process Complaints (table)
5.17 Appeal of Hearing Officer's Decision and State-Level Reviews - 3301-51-05(K)(14)
- Appeal of Hearing Officer's Decision - 3301-51-05(K)(14)(b)(i)
- Impartial Review - 3301-51-05(K)(14)(b)(ii)
- Responsibilities of the State-Level Review Officer - 3301-51-05(K)(14)(b)(iii)
- Finality of Review Decision - 3301-51-05(K)(14)(d)
- Cost - 3301-51-05(K)(16)
- Civil Action - 3301-51-05(K)(17)(a)
- Filing in Federal District Court - 3301-51-05(K)(17)(b-e)
- Filing in Ohio Common Pleas Court - 3301-51-05(K)(17)(b-e)
5.18 Child's Status During Proceedings - 3301-51-05(K)(19)(a-d)
- Child's Status During Proceedings - 3301-51-05(K)(19)(a-d)
5.19 Attorney's Fees - 3301-51-05(K)(18)
- General - 3301-51-05(K)(18)(a)
- Awarding of Fees - 3301-51-05(K)(18)(c)(i-iv)
- Prohibition on Use of Funds - 3301-51-05(K)(18)(b)(i) and (ii)
Evaluation - Rule 3301-51-06
- ETR process chart
6.1 Instruction and Intervention Supported by Scientifically Based Research - 3301-35-06
6.2 Request and Referral for Initial Evaluation - 3301-51-06(A)(1)and (B)(1-4)
- Request and Referral for Initial Evaluation -3301-51-06(B)(2) and (3)
- Definition of Initial Evaluation - 3301-51-06(B)(1)and (4)
- Referral Process - 3301-51-01(B)(51)
- Exception to 60-day Timeline - 3301-51-06(B)(5)(a)and (b); 3301-51-06(H)(3)(c)
- Parental Consent for Initial Evaluation - 3301-51-05(C)(1)
6.3 Evaluation Team - 3301-51-01(B)(21); 3301-51-07(I)(1)(e-g)
- Additional Evaluation Team Members - 3301-51-06(H)(2)(a-d)
- Engaging Parents in the Process - 3301-51-06(E)(2)(a)
6.4 Planning and Conducting the Evaluation - 3301-51-06(F)(1)-(3); 3301-51-06(E)(2)and (3)
- Planning the Evaluation- 3301-51-06(F)(1)and (2)
- Accepting an Out-of-State Evaluation
- Review of Existing Evaluation Data - 3301-51-06(F)(1)(a) and (b)
- Selecting Assessment Strategies and Tools - 3301-51-06(E)(3)(a-i)
- Screening Assessments - 3301-51-06(C)
- Formative Assessment - Mastery Measurement
- Formative Assessment - Curriculum-based Measurement/Progress Monitoring
- Diagnostic Assessments
- Norm-referenced Assessments
- Summative Assessments
- Conducting the Evaluation - 3301-51-06(E)(2)
6.5 Reevaluation - 3301-51-06(D)
- Reevaluation - 3301-51-06(D)(1) and (2)
- Reevaluation Not Required When: - 3301-51-06(F)(5)(b)
- Planning and Conducting the Reevaluation - 3301-51-06(D)(1)(a-d)
- Reevaluation Team - 3301-51-01(B)(21); 3301-51-07(I)(1)(e-g)
- Reevaluation Conducted by Reviewing Existing Evaluation Data - 3301-51-06(F)(1)(a)(i-vi)
- Reevaluation Requiring Additional Evaluation Data - 3301-51-06(F)(1)(b)and (F)(3)
- Evaluation Report for Reevaluations - 3301-51-06(G)(1)(b)(i) and (ii)
- Reevaluation Required for Preschool to Kindergarten - 3301-51-06((D)(1)(c)
6.6 Eligibility Determination and Evaluation Report - 3301-51-06(G)
- Evaluation Team Report - 3301-51-06(G)(1)(a) and (b)
  - General Evaluation Report Requirements
  - Contents of the Evaluation Team Report (ETR) - 3301-51-06(G)(1)(b)(i) and (ii)
- Eligibility Determination - 3301-51-06(G)(1)(a) and (b)
  - Determination of Eligibility - 3301-51-06(G)(1-3; 3301-51-06(H)(3)(a) and (b)(i) and (ii)
  - Disability Must Have Adverse Impact on the Child's Educational Performance and/or for Preschool the Ability to Participate in Developmentally Appropriate Activities - 3301-51-01(B)(10) and (48)
  - Child Must Meet Eligibility Criteria in the Standards - 3301-51-01(B)(10); 3301-51-06((G)(1)(a) and (2)(a) and (b)
6.7 Specific Learning Disabilities – 3301-51-06(H)
- Eligibility Determination - Specific Learning Disabilities - 3301-51-06(H)(3)(a-c)
  - Additional Procedures Required for Specific Learning Disability (SLD) Determination - 3301-51-06(H)(1-3)(a-c)
- Eligibility Determination - Specific Learning Disabilities - 3301-51-06(H)(3)(a-c)
  - Assessment Procedures for Identifying Children with Specific Learning Disabilities (SLD) - 3301-51-06(H)(1)(a)(i)
  - SLD - Use of a Process Based on the Child's Response to Scientific, Research-based Intervention (Response to Intervention - RtI) - 3301-51-06(H)(1)((a)(ii)
  - Response to Intervention is Defined as the Practice of:
  - The Essential Components of an Effective RtI model include:
  - RtI - Discrepancy Between a Child's Expected and Actual Performance - 3301-51-06(H)(d)(iv)
  - RtI - Scientifically Based, Technically Adequate Assessment Procedures - 3301-51-06(H)(3)(d)(iii)
  - RtI - Scientifically Based Intervention - 3301-51-06(H)(3)(d)(ii)
  - SLD - Assessment Process to Identify a Child's Strengths and Weaknesses- 3301-51-06(H)(3)(e)
  - SLD - Alternative Research-based Assessment Procedures - 3301-51-06(H)(3)(e)
  - Additional Documentation Required for Specific Learning Disability Determination - 3301-51-06(H)(5)(a) and (b)
- State's Policies - Student Performance Data Collected and Services Provided When Implementing a Response to Intervention Process - 3301-51-06(H)(3)(d)(i) and (ii) and (H)(3)(f)
6.8 Definitions of "a Child with a Disability" - 3301-51-01(B)(10)
- Eligibility Requirements for Disability Categories
- Criteria for Identifying Children with Autism - 3301-51-01(B)(10)(d)(i)
- Criteria for Identifying Children with Cognitive Disability - 3301-51-01(B)(10)(d)(ii)(a-b)
- Criteria for Identifying Children with Deaf-Blindness - 3301-51-01(B)(10)(d)(iii)
- Criteria for Identifying Children with Deafness or Hearing Impairment - 3301-51-(d)(iv) and (vi); 3301-51-06(J)
- Criteria for Identifying Children with Emotional Disturbance - 3301-51-01(B)(10)(d)(v)
- Criteria for Identifying Children with Multiple Disabilities - 3301-51-01(B)(10)(d)(vii); 3301-51-06(I) - 3301-51-01(B)(10)(d)(viii)
- Criteria for Identifying Children with Orthopedic Impairments - 3301-51-01(B)(10)(d)(viii)
- Criteria for Identifying Children with Other Health Impairments - 3301-51-1(B)(10)(d)(ix)
- Criteria for Identifying Children with Specific Learning Disabilities - 3301-51-01 (B)(10)(d)(x); 3301-51-06(H)
- Criteria for Identifying Children with Speech or Language Impairments - 3301-51- 01(B)(10)(d)(xi)
- Criteria for Identifying Children with Traumatic Brain Injury - 3301-51-01(B)(10)(d)(xii)
- Criteria for Identifying Children with Visual Impairments - 3301-51-01(B)(10)(d)(xiii)
- Criteria for Identifying Children with Developmental Delays - 3301-51-11(C)(6)
- Other Health Handicapped - Major & Minor - from the EMIS Guidelines
Individualized Education Program (IEP) - Rule 3301-51-07
7.1 General - 3301-51-07(A-C)
- General and Children in Other Districts or Agencies - 3301-51-07(A), (C) and (D)(1)and (2)
- When IEPs Must be in Effect - 3301-51-07(K)(1)
- Each School District Must Ensure That: -3301-51-07(K)(1-3)(a)and (b)
- For an Initial IEP - 3301-51-07(K)(2)
- For Children Who Transition from Part C Early Intervention - 3301-51-07(K)(1)
- For Children Who Transfer into the District in the Summer - 3301-51-07(K)(1)
- For an IEP Developed During an Annual Review
- IEPs for Children Who Transfer School Districts in the Same State - 3301-51-07(K)(5)(a) or (b)
- What Does the District Do When There is No ETR or IEP or the ETR and IEP Have Expired? - 3301-51-07(K)(1)
- IEPs for Children Who Transfer from Another State - 3301-51-07(K)(6)(a) and (b)
- What is a District's Responsibility Regarding Transmittal of Records? - 3301-51-07(K)(7)(a) and (b)
- Nonpublic School Placements by Public School Districts - 3301-51-07(M)(1-3)
- Nonpublic School Placements by Parents - 3301-51-08(A) and (C)(1)and (2)
- Autism Scholarship(ASP) Considerations - 3301-51-08(R)(1)(a) and (b)
- Children with Disabilities in Adult Prisons - 3301-51-07(L)(4)
- Related Services - 3301-51-01(B)(52)
- Transportation as a Related Service - 3301-51-07(52)
- Related Services as Special Education - 3301-51-01(B)(58)
- Procedures for Missed Related Services
7.2 Identification of IEP Team Member and Their Roles - 3301-51-07(I)
- Who are the Members of the IEP Team? - 3301-51-07(I)(1)(a-g)
- Who are the Parents? - 3301-51-01(B)(42)
- How Do You Determine if You Need a Surrogate? - 3301-51-05(E)(1); 3301-51-01(B)(65)
- Surrogate Parent - 3301-51-05(E)(2),(3)and (4)(a) and (b)
- What is the Role of the Parents? - 3301-51-07(I)(1)
- Who is the Regular Education Teacher? - 3301-51-07(I)(1)((b)
- What is the Role of the Regular Education Teacher? - 3301-51-07(L)(c)(i) and (2)
- Who is the Intervention Specialist or Special Education Provider? - 3301-51-07(I)(1)(c); 3301-51-01(B)(27)
- What is the Role of the Intervention Specialist? - 3301-51-09(G)(1),(2) and (3)
- Who is the Related Service Provider? - 3301-51-01(B)(52)
- What is the Role of the Related Service Provider? - 3301-51-09(G)(1), (2) and (3)
- Who is the Representative of the School District? - 3301-51-07(I)(d)(i-iii)
- What is the Role of the School District Representative?
- Who can Interpret the Implications of Evaluation Results? - 3301-51-07(I)(1)(e)
- What are the Additional Roles of the Individual Who Interprets Implications of the Evaluation Results?
- Who are Other Individuals Who Have Knowledge or Special Expertise Regarding the Child? - 3301-51-07(I)(1)(f) and (I)(3)
- What is the Role of Other Individuals Who Have Knowledge or Special Expertise Regarding the Child?-
- In the Following Cases the District Must Invite: - 3301-51-07((I)(2)(c); 3301-51-07(I)(6)
- What is the Role of the Child? - 3301-51-07((I)(1)(g); 3301-51-07(I)(2)(a)and (b),
7.3 IEP Planning Process
- What Should be Done Before the Initial and Annual IEP Meeting? - 3301-51-07(J)(1-5); 3301-51-07(L)(1)(a)(i-iv)
- Who Determines Who is Required to Attend the IEP Meeting? - 3301-51-07(I)(a-g)
- When May an IEP Team Member be Excused from Attending an IEP Meeting? - 3301-51-07(I)(5)(a) and (b)
- Can a Meeting be Held if the District Cannot Convince the Parents to Attend? - 3301-51-07(J)(4)(a-c)
- What is Done if, After Agreeing to the IEP Meeting Date, the Parents Do Not Attend? - 3301-51-07(J)(3) and (4)(a-c)
- If the Parents Cannot be Reached: - 3301-51-07(J)(6) and 3301-51-05(H)(1)(a) and (b)
- What Does the District Do When Children with ETRs/IEPs Move into the District? - 3301-51-07(K)(1), (5) and (6)
7.4 Development of IEP - 3301-51-07(H)(1)and (2); 3301-51-07(L)(1-3)
- IEP PR-07 Form
- Developing the IEP
- Amending the IEP - 3301-51-07(L)(1)(d)and (f)
7.5 Special Instructional Factors - 3301-51-07(L)(1)(b)(i-v)
- What are Special Instructional Factors? - 3301-51-07(L)(b); 3301-51-02(G)(1)(a-c) and (I)(1-4);
- When is Behavior Addressed in the IEP? - - 3301-51-07(L)(1)(b)(i)
- What is a Functional Behavior Assessment (FBA)? - 3301-51-05(20)(d)(b)
- What is a Behavior Intervention Plan (BIP)? - 3301-51-05(20)(f)(i)(a)or (b)
- Does Ohio Have a Policy Regarding the Use of Restraints?
- When Must a Crisis Intervention Plan be Developed? - - 3301-51-09(I)(2)(d)
- What Should be Included in a Crisis Intervention Plan? - 3301-51-09(I)(2)(d)
- How Does the Team Address Limited English Proficiency(LEP)? -3301-51-07(L)(1)(b)(ii)
- What is a Visual Impairment? - - 3301-51-01(B)(d)
- Eye Examinations for Children with Disabilities
- What Must the Team Consider for a Child with a Visual Impairment? - 3301-51-07(L)(1)(b)(iii)
- When are Communication Needs Considered and How Should They be Documented? - 3301-51-07(L)(1)(b)(iv)
- How Does the Team Identify the Services Needed for a Child with Deafness/Hearing Impairment? - 3301-51-07(L)(1)(b)(iv)
- What are Interpreting Services? - 3301-51-01(B)(b)(v)(a) and (b)
- What if the Team Determines the Child Needs Interpreting Services? - 3301-51-07(H)(1)(e)
- What are Assistive Technology Services and Devices? - 3301-51-01(B)(2)
- What is Adaptive Physical Education (APE) ? - 3301-51-01(B)(58)(b)(ii); 3301-51-02(I)(1-3)
- How Should the Team Address Physical Education? - 3301-51-02(I)(1-4)
- What are Extended School Year (ESY) Services? - 3301-51-02(G)(1)(a-c)
- How Does the Team Determine the Need for Extended School Year Services? - 3301-51-02(G)(1)(b)(i) and (ii)
- Accommodations and Alternate Assessment - 3301-51-07(H)(1)(g) and (h)
- How Should the Team Determine Testing Participation and Accommodations? - 3301-51-07(H)(1)((g)
- Assessment Accommodations - 3301-13-03(H)
- Presentation Accommodations - 3301-13-03(H)
- Response Accommodations - 3301-13-03(H)
- Setting Accommodations - 3301-13-03(H)
- Timing and Scheduling Accommodations - 3301-13-03(H)
- What are the Criteria for Allowable Accommodations?
- What are Acceptable Accommodations? - 3301-13-03(H)
- How Does the Team Determine if the Child Should Participate in Alternate Assessment?
- Exclusion from the Consequences of the OGT
7.6 Postsecondary Transition Services - 3301-51-07(H)(2)(a)and (b)
- Future Planning - 3301-51-07(H)(1)(a)
- Guidance
- Who Should Provide Services? - 3301-51-01(B)(63)(a)(iii)
- When Transition Services May be Special Education - 3301-51-01(B)(63)(b)
- Age 14 Requirements - Ohio Rules - 3301-51-07(H)(2)(a)
- Age-appropriate Transition Assessment - 3301-51-07(H)(2)
- Age 16 Requirements - Ohio Rules - Transition Services (continued) - 3301-51-07(H)(2)(b)(i) and (ii)
- Transition Services in IEP - 3301-51-07(H)(2)(a)and (b)(i) and (ii)
- Inviting the Child to the IEP Meeting - 3301-51-07(I)(2)(a)
- When the Child Does Not Attend the IEP Meeting - 3301-51-07(I)(2)(b)
- Inviting Representatives of Outside Agencies to the IEP Meeting - 3301-51-07(I)(2)(c)
- Participating Agency Failure to Provide Services - 3301-51-07(L)(3)(a)
- Notice of Meeting - 3301-51-07(J)(2)(b) and (c)
- Information Provided to Parents - 3301-51-07(J)(2(b) and (c); 3301-51-04(M)(2)(a) and (b)
Discipline - Rule - 3301-51-05(K)(20)
8.1 General - 3301-51-05(K)(20)(b)(i)
- General
- Procedural Safeguards Notice - 3301-51-05 (H)(3) and (K)(20)(h)
- Case-by-Case Determination: Unique Circumstances - 3301-51-05(K)(20)(a)
- Change in Placement - 3301-51-05(K)(26)(a)(i-ii)
- Case-by-Case Determination When There is a Pattern of Removals -3301-51-05(K)(26)
- Transmittal of Records to Authorities - 3301-51-04(R)(2)(a-b); 3301-51-05(K)(25)
- Maintain Data on Rates of Suspension and Expulsions - 3301-51-03(C)(1)(c) and (2)(a)(c) and D)(1)
8.2 Code of Conduct Violations: Short Term Removals - Not a Change of Placement - 3301-51-05(K)(20(b)(i)and (ii)
- Child with a Disability Who Violates a Code of Student Conduct - 3301-51-05(K)(20)(b)(i)(ii)and (c)
- Additional Short-term Removals Beyond 10 Cumulative Days - 3301-51-05(K)(20)(a)and(d)(i)and(iv)
- To Determine that These Removals Constitute a Change of Placement
- Case-by-Case Determination - 3301-51-05(K)(20)(a)
- Services - 3301-51-05(K)(20)(d)(i)
8.3 Code of Conduct Violations: Removals of More Than 10 Cumulative School Days - Change of Placement]]
- Notify Parents No Later than the Day the Decision is Made to Suspend - 3301-51-05(H)(3) and (K)(20)(h); 3301-51-05
- Give the Child's Special Education and Disciplinary Records to the Person Making the Decision about the Disciplinary Action - 3301-51-05(K)(20)(e)(i)
- Case-by-Case Determination: Unique Circumstances - 3301-51-05(K)(20)(a)(i)
- Conduct the Manifestation Determination - 3301-51-05(K)(20)(e)(i)
- Determination that the Behavior Was a Manifestation - 3301-51-05(K)(20)(f)(i)and (2); 3301-51-05(K)(20)(e)(i)(b)(iii)
- Child's Behavior Was Not a Manifestation - 3301-51-05(K)(20)(c); 3301-51-05(K)(20)(d)(i)(a)and(b)
- Services for Child with a Disability Removed from Current Placement - 3301-51-05(K)(20)(d)(i),(ii)and (v)
- Parents of a Child with a Disability Who Disagree with Placement Decision - 3301-51-05(K)(22)(a)
8.4 Special Circumstances: Removals Involving Drugs, Weapons, or Serious Bodily Injury
- Definitions: Drugs, Weapons, Serious Bodily Injury
- Removals for Weapons, Drugs and Serious Bodily Injury - 3301-51-05(K)(20)(g)(i-iii)
- Procedural Safeguards and Notice - 3301-51-05(K)(20)(h); 3301-51-05(H)(3)(a) and (b)
- Give the Child's Special Education and Disciplinary Records to the Person Making the Decision about the Disciplinary Action - 3301-51-05(K)(20)(e)(i)
- Consider Any Unique Circumstances Based Upon the Child's Records Which Could include Factors Such as: - 3301-51-05(K)(2)(a)
- Convene the IEP Team to Determine the Interim Alternative Educational Setting (IAES) - 3301-51-05(K)(21)
- Conduct the Manifestation Determination - 3301-51-05(K)(20)(e)(i)(a) and (b)
8.5 Manifestation Determination - 3301-51-05(K)(20)(e)and (f)
- Manifestation Determination Review - 3301-51-05(K)(20)(e)(i) and (2)
- Determination that the Behavior WAS a Manifestation - 3301-51-05(K)(20)(f)(i) and (ii)
- If the School District and Parents Agree with the Manifestation Determination - 3301-51-05(K)(20)(d)
- If the School District or Parents Disagree with the Manifestation Determination - 3301-51-05(K)(22)(a)
- If the Conduct in Question was the Direct Result of the School District's Failure to Implement the IEP: - 3301-51-05(K)(20)(e)(i-iii)
- If the Child's Behavior is a Manifestation of the Child's Disability, School Personnel must: - 3301-51-05(K)(20)(e)(i-iii)
- Determination that the Behavior was Not a Manifestation - 3301-51-05(K)(20)(c); 3301-51-05(K)(20)(d)(i)(a-b)
- When Parents Challenge a Manifestation Determination - 3301-51-05(K)(22)(a)
8.6 Protections for Children Not Yet Eligible for Special Education and Related Services]] - 3301-51-05(K)(24)(a-d)
- Protections for Children Not Yet Eligible - 3301-51-05 (K)(24)(a-d)
Parentally Placed Nonpublic School Children - 3301-51-08
- Guidelines for Providing Services
Preschool - 3301-51-11
10.1 Eligibility - Rule 3301-51-11(C)
- Eligibility Determined with Disability Category - 3301-51-11(C)(5)and (6)(a-d)
- Four Assessments in Needed Area of Disability - 3301-51-11(C)(1-3)
- Eligibility for Articulation Problems - 3301-51-11(C)(5)(k); 3301-51-11(C)(6)(d)(iii)
- Preschooler with a Disability Eligibility Determination - 3301-51-11(C)
- Catastrophic Costs for Preschool
- Specific Learning Disability (SLD) as a Preschool Disability Category - 3301-51-11(C)(5)(j)
- Kindergarten Transition- 3301-51-06(D)(1)(c)
- Developmental Delay - 3301-51-11(C)(6)(a-d); 3301-51-03(B)(2)(a-c); 3301-51-01(B)(10)(c)(i) and (ii)
10.2 District Responsibility for FAPE - 3301-51-02(B)(1)
- Federal, State and Local Funding for Special Education and for Related Services - 3301-51-02(B)(1)and 3301-51-03(B)(1)(a) and (b)
- Eligible Nonchartered and Chartered Nonpublic School Children - 3301-51-08(A); 3301-51-01(B)(18)
- Court Placements
- Summer Birthdays - Age 3 - 3301-51-02(B)(2)(a-c) and (C)(5)
- Third Birthday on Weekends or During School Breaks in the School Calendar Year - 3301-51-02(B)(2)(a)and (b) and 3301-51-07(K)(1)
10.3 Continuum of Service Delivery - 3301-51-11(F)(1-7)
- Continuum of Services and Least Restrictive Environment - 3301-51-11((F)(1-7) and 3301-51-09(A-C)
- Service Delivery Models - 3301-51-11(F)(1-7)
- 8+8 and 6+6 Models - 3301-51-11(F)(7)and (H)(1-4)
- Recruiting Children without Disabilities - 3301-51-11(H)(1-5)
- Begin Where the Child is Currently Served - 3301-51-09(A)
- Related Services as the Special Education Program - 3301-51-11(F)(1)(a-c); 3301-51-01(B)(58)(a)(ii)
- Reporting District, MR/DD, ESC Classes that Meet the Definition of an ECE (50/50) Setting - 3301-51-03(D)(1)and (2)
- Calculation of Percentage of Time
10.4 Transition from Part C Early Intervention - 3301-51-11(D)(1-4)
- Help Me Grow - 3301-51-01(B)26) and 3301-51-11(B)(2)(a-e)
- Timelines that Must be Met for a Child Suspected of Having a Disability Who is Transitioning from Help Me Grow - 3301-51-11(B)(2)(b)and (c); 3301-51-11(D)(1-3)
- LEA Referrals Outside of Stated Timelines - 3301-51-11(B)(2)(e)and (D)(1)
- Implementation of the IEP by the Child's Third Birthday - 3301-51-02(B)(2)(a-c)
- Third Birthday in the Summer- 3301-51-02(B)(2)(c); 3301-51-11(D)(4)
- Third Birthday on Weekend or During Breaks in the School Calendar - 3301-51-02(B)(2)(a)and (b); 3301-51-07(K)(1)
- Transient Families - 3301-51-03(D)(1-3)
- EMIS Reporting - 3301-51-03(D)(1-3)
- IEP by Age Three - 3301-51-11(B)(2)(b)and (c)
Federal and State Funding

Glossary

1.2 FAPE

kschindler — Mon, 10 Oct 2011 22:20:54 -0500

1.2 FAPE

Defining FAPE

The acronym FAPE stands for "free appropriate public education." FAPE has been part of the federal special education law from its inception in 1975. The law requires states to make FAPE available states to make FAPE available to children whose disabilities qualify them for special education and related servies. The definition of FAPE has changed little over 30 years and did not change at all in the most recent reauthorization of the Individuals with Disabilities Education Act (IDEA 2004).

IDEA's definition of FAPE is found in the implementing regulations at §300.17.

§300.17 Free appropriate public education.

Free appropriate public education or FAPE means special education and related services that—

(a) Are provided at public expense, under public supervision and direction, and without charge;

(b) Meet the standards of the SEA [state education agency], including the requirements of this part;

(c) Include an appropriate preschool, elementary school or secondary school education in the State involved; and

(d) Are provided in conformity with an individualized education program (IEP) that meets the requirements of §300.320 through 300.324.

This definition has been adopted by Ohio in rule 301-51-01(B)(23) of the Administrative Code.

Breaking the definition down, there are six components to FAPE:

Special education and related services;
Free to families, provided at public expense;
Supervised and directed by a public agency (via state and local educational agencies, e.g., public schools);
Based on the standards of the SEA (e.g., the state’s general and special education standards and regulations);
Provided in an appropriate preschool, elementary school, or secondary school in the State; and
Provided in accordance with an appropriately developed IEP.

There are some exceptions to FAPE. Those that apply to Ohio are addressed in rule 3301-51-02(C) of the Administrative Code.

(C) Limitation: exception to FAPE for certain ages
The obligation of the school district of residence to make FAPE available to all children with disabilities does not apply with respect to the following:

Children with disabilities who have graduated from high school with a regular high school diploma;
The exception in paragraph (C)(1) of this rule does not apply to children who have graduated from high school but have not been awarded a regular high school diploma;
Graduation from high school with a regular high school diploma constitutes a change in placement, requiring written prior notice in accordance with rule 3301-51-05 of the Administrative Code;
As used in paragraphs (C)(1) to (C)(3) of this rule, the term regular high school diploma does not include an alternative degree that is not fully aligned with Ohio’s academic content standards, such as a certificate or a general educational development credential. A child with a disability who has been awarded a certificate or a general development credential may, at a later date but before the child's 22nd birthday, re-enroll in the school district tuition free and receive FAPE while the child continues to work on a regualar high school diploma up to the child's 22nd birthday; and
Children with disabilities who are eligible under Subpart H 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), but who receive early intervention services under Part C of the IDEA.

Frame of Reference for FAPE

FAPE is the fundamental core of the IDEA and the IEP. Conceptually, FAPE is both the goal and the path to reaching the goal. FAPE—a free appropriate public education—is an entitlement of a child with a disability, as IDEA defines that term, with the IEP serving as a means by which this entitlement is mapped out.

What is not immediately clear about FAPE, but what is true nonetheless, is that for each child with a disability, FAPE is different. While each child’s education must be free and while a public agency provides and pays for that education, what is “appropriate” for one child will not necessarily be appropriate for another. Determining what is appropriate for a specific child requires an individualized evaluation in which the child’s strengths and weaknesses are identified in detail. It also requires gathering information about the child’s participation in the general curriculum and other matters. Information gathered through this type of evaluation then illuminates the dimensions of an “appropriate” education for a given child.

State's Obligation to Make FAPE Available

To receive federal funding under IDEA, each state must assure the U.S. Department of Education that it has in effect policies and procedures to meet all the requirements of the law. One of these requirements is that each state make FAPE available to its children with disabilities that qualify for special education and related services. The IDEA specifies the scope of this obligation at §§300.101 and 300.102 by describing both the age range of children for whom FAPE must be made available and any exceptions to the state’s FAPE obligation.

The opening paragraph at §300.101 illustrates the state’s obligation to make FAPE available to eligible children with disabilities.

§300.101 Free appropriate public education (FAPE).
- (a) General. A free appropriate public education must be available to all children residing in the State between the ages of 3 and 21, inclusive, including children with disabilities who have been suspended or expelled from school, as provided for in §300.530(d).

F for “free.” Being free of cost is a vital part of the law’s requirement. The education of each child with a disability must be “provided at public expense…and without charge” to the child or the child’s parents. See the Residency and Custody chart to determine the school district that is responsible for providing a child with a free appropriate public education.

A for “appropriate.” "Appropriate is a highly important term in IDEA. It is used frequently in different contexts, but it generally means the same thing: whatever is suitable, fitting or right for a specific child, given that child’s specific needs and strengths, established goals, and the supports and services that will be provided to help the child reach those goals.

The law specifies in detail how the public agency and parents are to plan each child's education so that it is appropriate, meaning it is responsive to the child’s needs. (See Section IEP - 7 General.)

P for “public.” Public generally refers to public school systems and the use of public funds to pay for education in those schools. Children with disabilities have the right to attend public school just as other children do, regardless of the nature or severity of their disabilities. The public school system must serve children with disabilities, respond to their individual needs and help them plan for their futures.

The use of the word "public" in FAPE also implies that there are differences for children with disabilities who are placed by their parents in private schools. See Parentally Placed Nonpublic School Children - 9 Guidelines for Providing Services.

E for “education.” IDEA is an education act. It guarantees that FAPE is available to eligible children with disabilities. Here, “education” means “special education and related services…provided in conformity with an IEP,” that meets requirements specified within the law and are based on the child’s individual needs.

Summary

FAPE is an important principle of the law. While in practice, FAPE differs for each child, in principle it is the same for each child - a guarantee of access to a free appropriate public education that opens the doors to opportunity and learning.

References

Kupper, L. (2007, July). The Top 10 Basics of Special Education (Module 1). Building the legacy: IDEA 2004 Training curriculum. Washington, DC: National Dissemination Center for Children with Disabilities. Available online at: http://www.nichcy.org/training/contents.asp