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Glossary

Definitions

Administrative Review

A meeting in which parents present complaints regarding a child's evaluation, educational placement, or provision of special education to the superintendent of the school district for review.

Age of Majority

All individuals age of eighteen years or more, who are under no legal disability, are capable of contracting and are of full age for all purposes. (Ohio Revised Code 3109.01)

Agree

When a requirement states "agree," it means it can be an oral agreement. It refers to an understanding between a parent and the school district and does not need to meet the requirements for parental consent. The school district should document any oral agreements. If an action is to be "agreed to in writing," this agreement may consist of a signed and dated paper, or the school district may choose to develop a form for this purpose.

Annual Goals

Statements on an Individualized Education Program (IEP) that describe what a student can be expected to accomplish in one year in the identified area of need.

Annual Performance Report (APR)

States must report annually on their performance on the targets identified in the State Performance Plan (SPP) through an Annual Performance Report (APR). The APR reflects the state's progress toward meeting its Part B goals. The APR provides the actual target data, explanation of progress or slippage, and discussion of improvement activities completed by the state, for each indicator.

Assessment

Methods or tools used for measuring:

Present levels of performance and educational needs;
Eligibility for service;
Progress toward achieving goals; and
Category of disability.

Assistive Technology Device

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.

Assistive Technology Service

Any service that directly assists a child with a disability in the selection, acquisition or use of an assistive technology device. The term includes:

The evaluation of the needs of a child with a disability, including a functional evaluation of the child in the child's customary environment;
Purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by children with disabilities;
Selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing assistive technology devices;
Coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs;
Training or technical assistance for a child with a disability or, if appropriate, that child's family; and
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.

At least

"At least" means minimum compliance.

Average Daily Membership

The number of children that are counted to generate state funds under the Ohio school foundation funding program.

Behavior Intervention Plan

A plan to address a behavior of a child that is not appropriate in school.

Benchmark

A specific statement of what a child should know and be able to do in a specified segment of the year. Benchmarks describe how far the child is expected to progress toward the annual goal and by when. Benchmarks establish expected performance levels that allow for regular checks of progress that coincide with the reporting periods for informing parents of the child’s progress toward achieving the annual goals.

Braille

Unless otherwise specified, a tactile system of reading and writing for individuals with visual impairments, commonly known as standard English Braille.

Case Conference

An informal meeting where information about a child’s IEP is reviewed to resolve problems.

Caseload for One Preschool Special Education Teacher

The number of children who collectively comprise the full time equivalency (FTE) for ratios or funding.

Change of Placement for Discipline

A removal from school for disciplinary reasons is considered a change of placement when:

The removal is for more than 10 school days in a row in the same school year; or
The removals suggest a pattern:
- Because the series of removals add up to more than 10 school days in a school year;
- Because the child’s behavior is very similar to the behavior in previous instances that resulted in the series of removals; and
- Because of additional factors, such as the length of each removal, the total amount of time the child has been removed, and the closeness of the removals to one another.

Charter School or Community School

See the definition given the term in Section 5210(I) 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). The term “charter school” does not have the same meaning as "chartered nonpublic school."

Child with a Disability

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 simply as "emotional disturbance"), an orthopedic impairment, autism, traumatic brain injury, another health impairment, a specific learning disability, deaf-blindness, or multiple disabilities, and who, by reason thereof, needs special education and related services.

(a) Subject to 3301-51-01 of the Administrative Code, paragraph (B)(10)(b), if it is determined, through an appropriate evaluation under rule 3301-51-06 of the Administrative Code, that a child has one of the disabilities identified in this rule, but needs only a related service and not special education, the child is not a child with a disability under this rule.

(b) If, consistent with the definition of special education in paragraph (B)(58), the individualized education program (IEP) team considers the related service required by the child to be special education rather than a related service under state standards, the child would be determined to be a child with a disability under this rule.

(c) Children aged 3 through 5 years who are experiencing developmental delays. "Child with a disability" for children aged 3 through 5 years, may, subject to the conditions described in rule 3301-51-03 of the Administrative Code for the use of the term developmental delay, include a child:

(i) Who is experiencing developmental delays, as defined by rule 3301-51- 11 of the Administrative Code and as measured by appropriate diagnostic instruments and procedures, in one or more of the following areas: physical development, cognitive development, communication development, social or emotional development, or adaptive development, as provided by rule 3301-51-11 of the Administrative Code; and

(ii) Who, by reason thereof, needs special education and related services.

Definitions of Disability Terms. The terms used in this definition of a "child with a disability" are defined as follows:

Autism

A developmental disability significantly affecting verbal and nonverbal communication and social interaction, generally evident before age 3 that adversely affects a child's educational performance. Other characteristics often associated with "autism" are engagement in repetitive activities and stereotyped movements, resistance to environmental change or change in daily routines, and unusual responses to sensory experiences.

(a) Autism does not apply if a child's educational performance is adversely affected primarily because the child has an emotional disturbance, as defined in 3301-51-01 of the Administrative Code, paragraph (B)(10)(d)(v).

(b) A child who manifests the characteristics of autism after age 3 could be identified as having autism if the criteria in paragraph (B)(10)(d)(i) are satisfied.

Cognitive Disability

(Mental retardation) means significantly sub-average general intellectual functioning, existing concurrently with deficits in adaptive behavior and manifested during the developmental period that adversely affects a child's educational performance. This definition replaces the definition of mental retardation in 34 C.F.R 300.8(c)(6), and shall be used instead whenever the federal regulations at 34 C.F.R. Part 300, state statutes at Chapter 3323. of the Revised Code, or the state rules in Chapter 3301-51 of the Administrative Code, refer to mental retardation or cognitive disability.

(a) "Significantly sub-average general intellectual functioning" refers to an intelligence quotient of 70 or below, as determined through a measure of cognitive functioning administered by a school psychologist or a qualified psychologist using a test designed for individual administration. Based on a standard error of measurement and clinical judgment, a child may be determined to have significant sub-average general intellectual functioning with an intelligence quotient not greater than 75.

(b) "Deficits in adaptive behavior" means deficits in two or more applicable skill areas occurring within the context of the child's environments and typical of the child's chronological age peers.

(c) A child who was identified by an Ohio school district as having a developmental handicap prior to July 1, 2002, shall be considered a child with a disability if the child continues to meet the definition of "developmentally handicapped" in paragraph "N." of former Rule 3301-51-01 of the Administrative Code and the eligibility requirements of paragraph “F.1” of former Rule 3301-51-04 of the Administrative Code that are both contained in the "Rules for the Education of Handicapped Children," which were effective July 1, 1982 and were rescinded July 1, 2002. A child who meets these provisions shall be eligible to receive special education and related services in accordance with the "Operating Standards for Ohio's Schools Serving Children with Disabilities" effective July 1, 2008.

Deaf-blindness

Concomitant hearing and visual impairments, the combination of which causes such severe communication and other developmental and educational needs that they cannot be accommodated in special education programs designed solely for children with deafness or children with blindness.

Deafness

A hearing impairment that is so severe that the child is impaired in processing linguistic information through hearing, with or without amplification, that adversely affects a child's educational performance.

Emotional Disturbance

A condition exhibiting one or more of the following characteristics over a long period of time and to a marked degree that adversely affects a child's educational performance:

(a) An inability to learn that cannot be explained by intellectual, sensory, or health factors.

(b) An inability to build or maintain satisfactory interpersonal relationships with peers and teachers.

(d) A general pervasive mood of unhappiness or depression.

(e) A tendency to develop physical symptoms or fears associated with personal or school problems.

(f) Emotional disturbance includes schizophrenia. The term does not apply to children who are socially maladjusted, unless it is determined that they have an emotional disturbance under 3301-51-01 of the Administrative Code, paragraph (B)(10)(d)(v).

Hearing Impairment

An impairment in hearing, whether permanent or fluctuating, that adversely affects a child's educational performance but that is not included under the definition of deafness in this rule.

Multiple Disabilities

Concomitant impairments (such as mental retardation-blindness or mental retardation-orthopedic impairment), the combination of which causes such severe educational needs that they cannot be accommodated in special education programs solely for one of the impairments. "Multiple disabilities" do not include deaf-blindness.

Orthopedic Impairment

A severe orthopedic impairment that adversely affects a child's educational performance. The term includes impairments caused by a congenital anomaly, impairments caused by disease (e.g., poliomyelitis, bone tuberculosis), and impairments from other causes (e.g., cerebral palsy, amputations, and fractures or burns that cause contractures).

Other Health Impairment

Limited strength, vitality, or alertness, including a heightened alertness to environmental stimuli, that results in limited alertness with respect in the educational environment that:

(a) Is due to chronic or acute health problems such as asthma, attention deficit disorder or attention deficit hyperactivity disorder, diabetes, epilepsy, a heart condition, hemophilia, lead poisoning, leukemia, nephritis, rheumatic fever, sickle cell anemia, and tourette syndrome; and

(b) Adversely affects a child's educational performance.

Specific Learning Disability

(a) 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. This includes conditions such as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia and developmental aphasia.

(b) Disorders not included. Specific learning disability does not include 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.

Speech or Language Impairment

A communication disorder, such as stuttering, impaired articulation, a language impairment, or a voice impairment, that adversely affects a child's educational performance.

Traumatic Brain Injury

An acquired injury to the brain caused by an external physical force or by other medical conditions, including but not limited to stroke, anoxia, infectious disease, aneurysm, brain tumors and neurological insults resulting from medical or surgical treatments. The injury results in total or partial functional disability or psychosocial impairment or both, that adversely affects a child's educational performance. The term applies to open or closed head injuries, as well as to other medical conditions that result in acquired brain injuries. The injuries result in impairments in one or more areas such as cognition; language; memory; attention; reasoning; abstract thinking; judgment; problem-solving; sensory, perceptual, and motor abilities; psychosocial behavior; physical functions; information processing; and speech. The term does not apply to brain injuries that are congenital or degenerative, or to brain injuries induced by birth trauma. This definition replaces the definition of traumatic brain injury in 34 C.F.R 300.8(c)(12) and shall be used instead whenever the federal regulations at 34 C.F.R. Part 300, state statutes at Chapter 3323. of the Revised Code, or the state rules in Chapter 3301-51 of the Administrative Code refer to traumatic brain injury.

Visual Impairment including Blindness

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.

DEFINITIONS (Continued)

Cognition

The process of thinking and acquiring knowledge.

Community School

A public school, created in accordance with Chapter 3314. of the Revised Code, that is independent of any school district and part of the state’s program of education. Community schools are considered school districts when it comes to educating children with disabilities under Chapter 3323. of the Revised Code and Chapter 3301-51 of the Administrative Code.

Complaint (Due Process)

A formal written document (a form) that a parent or other party files with the Ohio Department of Education, Office for Exceptional Children, that claims that a school district or other public agency is not following laws or regulations related to a child qualifying for or receiving special education and related services.

Consent

Means:

(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 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).

Continuum of Alternative Placements

The availability of different types of educational environments, including, but not limited to:

(1) Regular classes;

(2) Supplementary services (such as resource room or itinerant instruction) to be provided in conjunction with regular class placement);

(3) Special classes;

(4) Special schools;

(5) Home instruction;

(6) Hospitals; and

(7) Institutions. (from rescinded rules based on new standard 3301-51-09(C)

Core Academic Subject

English, reading or language arts, mathematics, science, foreign languages, civics and government, economics, arts, history and geography. This term does not refer to "Ohio Core Curriculum."

County Board of Developmental Disabilities (DD)

A county board of developmental disabilities, as provided by section 5126.02 of the Revised Code.

Day

A calendar day, unless otherwise indicated as business day or school day.
Business Day: - Monday through Friday, except for federal and state holidays (unless holidays are specifically included in the designation of business day).
School Day - Any day, including a partial day that children are in attendance at school for instructional purposes. School day has the same meaning for all children in school, including children with and without disabilities.

Destruction

Physical destruction or removal of personal identifiers from information so that the information is no longer personally identifiable.

Disproportionality

Disproportionate representation of racial and ethnic groups who are
- placed in special education and related services;
- identified in specific disability categories that is the result of inappropriate identification. ODE uses risk ratios to identify disproportionate representation of racial and ethnic groups across all disability categories combined. (Ohio’s State Performance Plan)

Due Process

A series of steps listed in the Individuals with Disabilities Education Improvement Act (IDEIA) of 2004 that protect the rights of parents and their children with disabilities.

Due Process Hearing

A formal hearing that is held at the request of a parent or public agency to resolve a due process complaint related to a child qualifying for or receiving special education and related services.

Early Intervention Services

Services provided to children with disabilities or developmental delays from birth through age 2.

Education Records

The type of records covered under the definition of "education records" in 34 C.F.R Part 99 (the regulations implementing the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. 1232g (FERPA)). Under that definition, the term "education records" means those records that are directly related to a student and are maintained by an educational agency or institution or by a party acting for the agency or institution. The term does not include the type of records that are listed and described as records excluded from that definition under 34 C.F.R. 99.3(b)(1) to 34 C.F.R. 99.3(b)(5).

Education Management Information System (EMIS)

A statewide data collection system for Ohio’s primary and secondary education, including demographic information, attendance, course information, financial data and test results.

Elementary School

A nonprofit institutional day or residential school, including an elementary community school, that provides elementary education, as determined by state law.

Equipment

(a) Machinery, utilities, and built-in equipment, and any necessary enclosures or structures to house the machinery, utilities, or equipment; and
(b) All other items necessary for the functioning of a particular facility for the provision of educational services, including items such as instructional equipment and necessary furniture; printed, published and audio-visual instructional materials; telecommunications, sensory, and other technological aids and devices; and books, periodicals, documents and other related materials.

Evaluation

Procedures used in accordance with rule 3301-51-06 of the Administrative Code for evaluations to determine whether a child has a disability and the nature and extent of the special education and related services that the child needs.

Evaluation Team

The Individualized Education Program (IEP) team and other qualified professionals.

Excess Costs

Those costs that are in excess of the average annual per child expenditure in a school district during the preceding school year for an elementary school or secondary school child, as may be appropriate. These costs must be computed after deducting:

(a) Amounts received:

(i) Under Part B of the IDEA;

(ii) Under Part A of Title I of the Elementary and Secondary Education Act of 1965, as amended and reauthorized by the No Child Left Behind Act of 2001, 20 U.S.C. 6301 (ESEA); and

(iii) Under Parts A and B of Title III of the ESEA and;

(b) Any state or local funds expended for programs that would qualify for assistance under any of the acts described in 3301-51-01 of the Administrative Code, paragraph (B)(22)(a), but excluding any amounts for capital outlay or debt service. (See appendix A to Part 300 of the IDEA for an example of how excess costs must be calculated.)

Facilitated IEP Meeting

An IEP meeting that is facilitated by an impartial third party who helps the team resolve issues and make decisions about the child's IEP with which all parties can agree. IEP facilitators are made available at no cost to the parents or the school district by the Ohio Department of Education, Office for Exceptional Children. The parents and the school district must mutually and voluntarily agree to the IEP facilitation process. (Draft definition based on OEC Policy C-6)

Free Appropriate Public Education (FAPE)

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, including the requirements of this part;

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

General Curriculum

The same curriculum that is used with children without disabilities.

Head Start

Head Start provides comprehensive child development services to economically disadvantaged children and families, with a special focus on helping preschoolers develop the early reading and math skills they need to be successful in school. Head Start programs promote school readiness by enhancing the social and cognitive development of children through the provision of educational, health, nutritional, social and other services to enrolled children and families. Head Start engages parents in their children's learning and helps them progress toward their educational, literacy and employment goals. (www.acf.hhs.gov/programs/hsb/about/index.html#prog_desc)

Help Me Grow

A system of early intervention services for infants and toddlers with disabilities that are provided in accordance with Part C of the IDEA, federal regulations, state law, and state rules, by the lead agency selected by the governor of the state. (www.ohiohelpmegrow.org)

Highly Qualified Special Education Teacher

(a) Requirements for special education teachers teaching core academic subjects.
For any public elementary or secondary school special education teacher teaching core academic subjects, the term "highly qualified" follows the definition in Section 9101 of the Elementary and Secondary Education Act of 1965, as amended and reauthorized by the No Child Left Behind Act of 2001, 20 U.S.C. 6301 (ESEA) and 34 C.F.R. 200.56, except that the requirements for highly qualified also:

(i) Include the requirements described in 3301-51-01 of the Administrative Code, paragraph (B)(27)(b); and

(ii) Include the option for teachers to meet the requirements of Section 9101 of the ESEA by meeting the requirements of paragraphs (B)(27)(c) and (B)(27)(d).

(b) Requirements for special education teachers in general

(i) When used with respect to any public elementary school or secondary school special education teacher teaching in the state, highly qualified requires that:

(a) The teacher has obtained full state certification as a special education teacher (including certification obtained through alternative routes to certification), or passed the state special education teacher licensing examination, and holds a license to teach in the state as a special education teacher, except that when used with respect to any teacher teaching in a community school, "highly qualified" means that the teacher meets the certification or licensing requirements, if any, set forth in the state’s community school law;

(b) The teacher has not had special education certification or licensure requirements waived on an emergency, temporary, or provisional basis; and

(c) The teacher holds at least a bachelor's degree.

(ii) A teacher will be considered to meet the standard in3301-51-01 of the Administrative Code, paragraph (B)(27)(b)(i)(a), if that teacher is participating in an alternative route to special education certification program under which:

(a) The teacher:

(i) Receives high-quality professional development that is sustained, intensive, and classroom-focused in order to have a positive and lasting impact on classroom instruction, before and while teaching;

(ii) Participates in a program of intensive supervision that consists of structured guidance and regular ongoing support for teachers or a teacher mentoring program;

(iii) Assumes functions as a teacher only for a specified period of time not to exceed three years; and

(iv) Demonstrates satisfactory progress toward full certification as prescribed by the state; and

(b) The state ensures, through its certification and licensure process, that the provisions in 3301-51-01 of the Administrative Code, paragraph (B)(27)(b)(ii)(a), are met.

(iii) Any public elementary school or secondary school special education teacher teaching in Ohio, who is not teaching a core academic subject, is highly qualified if the teacher meets the requirements in3301-51-01 of the Administrative Code, paragraph (B)(27)(b)(ii).

(c) Requirements for special education teachers teaching to alternate achievement standards.
When used with respect to a special education teacher who teaches core academic subjects exclusively to children who are assessed against alternate achievement standards established under 34 C.F.R. 200.1(d), "highly qualified" means the teacher, whether new or not new to the profession, may either:

(i) Meet the applicable requirements of Section 9101 of the ESEA and 34 C.F.R. 200.56 for any elementary, middle, or secondary school teacher who is new or not new to the profession; or

(ii) Meet the requirements of paragraph (B) or (C) of Section 9101(23) of the ESEA as applied to an elementary school teacher, or, in the case of instruction above the elementary level, meet the requirements of paragraph (B) or (C) of Section 9101(23) of the ESEA as applied to an elementary school teacher and have subject matter knowledge appropriate to the level of instruction being provided and needed to effectively teach to those standards, as determined by the state.

(d) Requirements for special education teachers teaching multiple subjects Subject to 3301-51-01 of the Administrative Code, paragraph (B)(27)(e), when used with respect to a special education teacher who teaches two or more core academic subjects exclusively to children with disabilities, "highly qualified" means that the teacher may either:

(i) Meet the applicable requirements of Section 9101 of the ESEA and 34 C.F.R. 200.56(b) or (c);

(ii) In the case of a teacher who is not new to the profession, demonstrate competence in all the core academic subjects in which the teacher teaches in the same manner as is required for an elementary, middle, or secondary school teacher who is not new to the profession under 34 C.F.R. 200.56(c), which may include a single, high-objective, uniform state standard of evaluation (HOUSSE) covering multiple subjects; or

(iii) In the case of a new special education teacher who teaches multiple subjects and who is highly qualified in mathematics, language arts, or science, demonstrate, not later than two years after the date of employment, competence in the other core academic subjects in which the teacher teaches in the same manner as is required for an elementary, middle, or secondary school teacher under 34 C.F.R 200.56(c), which may include a single HOUSSE covering multiple subjects.

(e) Separate HOUSSE standards for special education teachers.
Provided that any adaptations of the state’s HOUSSE would not establish a lower standard for the content knowledge requirements for special education teachers and meets all the requirements for a HOUSSE for regular education teachers:

(i) A state may develop a separate HOUSSE for special education teachers; and

(ii) The standards described in 3301-51-01 of the Administrative Code, paragraph (B)(27)(e)(i), may include single HOUSSE evaluations that cover multiple subjects.

(f) Rule of construction.
Notwithstanding any other individual right of action that a parent or student may maintain under this rule, nothing in this rule shall be construed to create a right of action on behalf of an individual student or class of students for the failure of a particular Ohio department of education or school district employee to be highly qualified, or to prevent a parent from filing a complaint under rule 3301-51-05 of the Administrative Code about staff qualifications with the Ohio department of education as provided for under this rule. (g) Applicability of definition to ESEA; and clarification of new special education teacher

(i) A teacher who is highly qualified under this rule is considered highly qualified for purposes of the ESEA.

(ii) For purposes of 3301-51-01 of the Administrative Code, paragraph (B)(27)(d)(iii), a fully certified regular education teacher who subsequently becomes fully certified or licensed as a special education teacher is a new special education teacher when first hired as a special education teacher.

(h) Nonpublic school teachers not covered.
The requirements in this rule do not apply to teachers hired by nonpublic elementary schools and secondary schools including nonpublic school teachers hired or contracted by school districts to provide equitable services to parentally placed nonpublic school children with disabilities under rule 3301-51-08 of the Administrative Code.

Homeless Children and Youth

The meaning given the term homeless children and youths in Section 725 (42 U.S.C. 11434a) of the McKinney-Vento Homeless Assistance Act, as amended and reauthorized as Title X, Part C, of the No Child Left Behind Act of 2001, 42 U.S.C. 11431 follows:
Homeless children and youth mean individuals who lack a fixed, regular, and adequate nighttime residence. The term includes:

Children and youth who are:
- sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason (sometimes referred to as doubled-up);
- living in motels, hotels, trailer parks, or camping grounds due to lack of alternative adequate accommodations;
- living in emergency or transitional shelters;
- abandoned in hospitals; or
- awaiting foster care placement;
Children and youth who have a primary nighttime residence that is a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings;
Children and youth who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and
Migratory children who qualify as homeless because they are living in circumstances described above.”

IDEA

The Individuals with Disabilities Education Act, as amended by the Individuals with Disabilities Education Improvement Act of 2004 at U.S.C. 1400, Public Law 108-446 of the 108^th Congress, December 3, 2004 (IDEA).

Include

The items named are not all of the possible items that are covered, whether like or unlike the ones named.

Independent Educational Evaluation

An evaluation conducted by a qualified examiner who is not employed by the school district responsible for the education of the child in question.

Individualized Education Program or IEP

A written statement for a child with a disability that is developed, reviewed, and revised in accordance with rule 3301-51-07 of the Administrative Code

Individualized Education Program Team or IEP Team

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.

Institution of Higher Education

(a) Has the meaning given the term in Section 101 of the Higher Education Act of 1965, as amended, 20 U.S.C. 1021 (HEA); and (b) Also includes any community college receiving funds from the secretary of the interior under the Tribally Controlled Community College or University Assistance Act of 1978, 25 U.S.C. 1801.

Itinerant Services for a Preschool Child with a Disability

Services provided by intervention specialists or related services personnel that occur in the setting where the child, the child and parent(s), or the child and caregiver are located, as opposed to services provided at a centralized location.

Least Restrictive Environment (LRE)

To the maximum extent appropriate, children with disabilities including children in public or nonpublic institutions or other care facilities, are educated with children who are nondisabled, and removal of children with disabilities from the regular educational environment occurs only when the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.

Limited English Proficient

When a child has limited or no ability to speak, read, write, or understand the English language. See the term in 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, 20 U.S.C. 6301 (ESEA).

Manifestation Determination

A determination made by a school district, parent, and relevant members of the IEP team that a child’s conduct was caused by, or was the result of, the child’s disability.

Mediation

A voluntary process or resolving disputes between two parties that is led by a mediator – a trained, impartial third party.

Modification

Any change that is made in a child's school, work, or environment to meet his or her educational needs.

Native Language

(a) When used with respect to an individual who is limited English proficient, “native language” means the following:

(i) The language normally used by that individual, or, in the case of a child, the language normally used by the parents of the child, except as provided in paragraph (B)(36)(a)(ii) of this rule.

(ii) In all direct contact with a child (including evaluation of the child), the language normally used by the child in the home or learning environment.

(b) For an individual with deafness or blindness, or for an individual with no written language, the mode of communication that is normally used by the individual (such as sign language, Braille, or oral communication).

Nonchartered Nonpublic School

A school that is not chartered or seeking a charter from the state board of education because of truly held religious beliefs. Such school shall annually certify in a report to the parents of its pupils that the school meets Ohio minimum standards for non-chartered, non-tax supported schools cited in the "Operating Standards for Ohio's Elementary and Secondary Schools" in paragraphs (A) to (H) of rule 3301-35-12 of the Administrative Code.

Nonpublic School

A private school which is recognized by the Ohio Department of Education as either a chartered school as defined in section 3301.16 of the Revised Code or a nonchartered school as described in rule 3301-35-08 of the Administrative Code. This definition shall apply whenever the term "private school" Is used in the federal regulations at 34 C.F.R. Part 300 (October 13, 2006) or whenever the term "nonpublic school" is used in chapter 3301-51-01 of the Administrative code or in guidelines issued by the Ohio Department of education for each school district to provide equitable services for children who are attending nonpublic schools located within the school district.

Objective

A smaller, more manageable learning task that a child must master as a step toward achieving an annual goal. Objectives break the skills described in the annual goal into discrete components that, when mastered, allow the child to successfully obtain the goal.

Other Educational Agency

A joint vocational school district; department; division; bureau; office; institution; board; commission; committee; authority; or other state or local agency, other than a school district or an agency administered by the department of mental retardation and developmental disabilities, that provides or seeks to provide special education or related services to children with disabilities.

Paraprofessional services

Services provided by school, county board of DD, and other educational agency employees who are adequately trained to assist in the provision of special education and related services to children with disabilities. Paraprofessionals work under the supervision of teachers, intervention specialists, and/or related service providers. Other titles used to identify these service providers include teacher assistants, educational aides, school psychology aides, occupational therapy assistants, physical therapy assistants and job coaches.

Parent

(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 in3301-31-01 of the Administrative Code, paragraph (B)(42)(f), 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 3301-51-01 of the Administrative Code, paragraphs (B)(42)(a) to (B)(42)(c), 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.

Parent Mentor

A parent of a child with a disability employed by a school district to assist education personnel and families by providing training, support, and information services.

Parent Training and Information Center

A center assisted under Sections 671 or 672 of the IDEA.

Parentally Placed Nonpublic School Children with Disabilities

Children with disabilities enrolled by their parents in nonpublic, including religious, schools or facilities that meet the definition of elementary school or secondary school, rather than children with disabilities in nonpublic schools who are placed or referred by public agencies.

Participating Agency

Any agency or institution that collects, maintains, or uses personally identifiable information, or from which information is obtained, under Part B of the IDEA.

Personally Identifiable Information

Information that contains:

(a) The name of the child, the child's parent, or other family member;

(b) The address of the child;

(d) A list of personal characteristics or other information that would make it possible to identify the child with reasonable certainty.

Preschool Child with a Disability

A child who:

(a) Is at least three years of age and not six years of age; and

(b) Meets the definition of a "child with a disability" in paragraph (B)(10) of 3301-51-01 of the Administrative Code or, at the discretion of the school district, is a child who:

(i) Is experiencing developmental delays, as defined in rule 3301-51-11 of the Administrative Code and as measured by appropriate diagnostic instruments and procedures, in one or more of the following areas: physical development, cognitive development, communication development, social or emotional development, or adaptive development; and

(ii) Who, by reason thereof, needs special education and related services.

Present Levels of Performance

Statements developed from relevant information about a child that provides a "picture" of the child including strengths and needs. This information includes progress on the current IEP, the evaluation team report, input from parents and child, interventions, assessments, observations and special factors.

Procedural Safeguards

Procedures established in federal and state law and regulations that protect the rights of children with disabilities and their parents in regard to a child receiving a free appropriate public education.

Public Agency

The school districts, county boards of developmental disabilities, other educational agencies, community schools and any other political subdivisions of the state responsible for providing education to children with disabilities.

Qualified Personnel

Personnel who have met Ohio Department of Education-approved or Ohio Department of education-recognized certification, licensing or other comparable requirements that apply to the area in which the individuals are providing special education or related services.

Referral

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.

Regular Education Classroom

Refers to the educational environments where children without disabilities receive instruction and participate in activities throughout the school day. It includes instruction that occurs outside of the actual classroom such as within the school or community where interaction occurs with persons without disabilities (e.g., assemblies, field trips and community transition services).

Related Services

Transportation and such developmental, corrective, and other supportive services as are required to assist a child with a disability to benefit from special education. Includes speech-language pathology and audiology services; interpreting services; psychological services; physical and occupational therapy; recreation, including therapeutic recreation; early identification and assessment of disabilities in children; counseling services, including rehabilitation counseling; orientation and mobility services; and medical services for diagnostic or evaluation purposes. Related services also include school health services and school nurse services, social work services in schools, and parent counseling and training.

(a) Exception; services that apply to children with surgically implanted devices, including cochlear implants.

(i) Related services do not include a medical device that is surgically implanted, the optimization of that device's functioning (e.g., mapping), maintenance of that device, or the replacement of that device.

(ii) Nothing in3301-51-01 of the Administrative Code, paragraph (B)(52)(a)(i):

(a) Limits the right of a child with a surgically implanted device (e.g., cochlear implant) to receive related services (as listed in this rule) that are determined by the IEP team to be necessary for the child to receive FAPE.

(b) Limits the responsibility of a school district to appropriately monitor and maintain medical devices that are needed to maintain the health and safety of the child, including breathing, nutrition, or operation of other bodily functions, while the child is transported to and from school or is at school; or

(c) Prevents the routine checking of an external component of a surgically implanted device to make sure it is functioning properly, as required in rule 3301-51-02 of the Administrative Code.

(b) Individual related services terms defined. The terms used in this rule are defined as follows:

(i) Attendant services are those that assist children with disabilities with personal health care needs.

(ii) Audiology includes:

(a) Identification of children with hearing loss;

(b) Determination of the range, nature, and degree of hearing loss, including referral for medical or other professional attention for the habilitation of hearing;

(c) Provision of habilitative activities, such as language habilitation, auditory training, speech reading (lip-reading), hearing evaluation, and speech conservation;

(d) Creation and administration of programs for prevention of hearing loss;

(e) Counseling and guidance of children, parents, and teachers regarding hearing loss; and

(f) Determination of children's needs for group and individual amplification, selecting and fitting an appropriate aid, and evaluating the effectiveness of amplification.

(iii) Counseling services means services provided by qualified social workers, psychologists, guidance counselors, or other qualified personnel.

(iv) "Early identification and assessment of disabilities in children" means the implementation of a formal plan for identifying a disability as early as possible in a child's life.

(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.

(vi) "Medical services" means services provided by a licensed physician to determine a child's medically related disability that results in the child's need for special education and related services.

(vii) Occupational therapy

(a) Means services provided by a qualified occupational therapist; and

(b) Includes:

(i) Improving, developing, or restoring functions impaired or lost through illness, injury, or deprivation;

(ii) Improving ability to perform tasks for independent functioning if functions are impaired or lost; and

(iii) Preventing, through early intervention, initial or further impairment or loss of function.

(viii) Occupational therapy assistant services include assisting in the practice of occupational therapy under the direction and supervision of an occupational therapist.

(ix) Orientation and mobility services:

(a) Means services provided to blind or visually impaired children by qualified personnel to enable those students to attain systematic orientation to and safe movement within their environments in school, home, and community; and

(b) Includes teaching children the following, as appropriate:

(i) Spatial and environmental concepts and use of information received by the senses (such as sound, temperature and vibrations) to establish, maintain, or regain orientation and line of travel (e.g., using sound at a traffic light to cross the street);

(ii) To use the long cane or a service animal to supplement visual travel skills or as a tool for safely negotiating the environment for children with no available travel vision;

(iii) To understand and use remaining vision and distance low vision aids; and

(iv) Other concepts, techniques, and tools.

(x) Parent counseling and training means:

(a) Assisting parents in understanding the special needs of their child;

(b) Providing parents with information about child development; and

(c) Helping parents to acquire the necessary skills that will allow them to support the implementation of their child's IEP.

(xi) Physical therapy means services provided by a qualified physical therapist.

(xii) Physical therapy assistant services means assisting in the practice of physical therapy under the direction and supervision of a physical therapist.

(xiii) Psychological services:

(a) Include but are not limited to:

(i) Administering psychological and educational tests, and other assessment procedures;

(ii) Interpreting assessment results;

(iii) Obtaining, integrating, and interpreting information about child behavior and conditions relating to learning;

(iv) Consulting with other staff members to plan and develop school programs and interventions to meet the educational needs or special education needs of children or groups of children as indicated by psychological tests, interviews, direct observation, and behavioral evaluations;

(v) Conducting and monitoring interventions;

(vi) Diagnosing psychological disorders that effect learning and/or behavior;

(vii) Planning and managing a program of psychological services, including psychological counseling for children and parents;

(viii) Participating in the provision of a program of mental health services; and

(ix) Assisting in developing positive behavioral intervention strategies.

(b) The services of a school psychology aide shall be under the direct supervision of a school psychologist.

(c) The school psychologist intern program shall be organized under guidelines approved by the Ohio Department of Education, Office for Exceptional Children.

(xiv) Reader services means assisting learners with visual impairments by orally reading written materials.

(xv) Recreation includes:

(a) Assessment of leisure function;

(b) Therapeutic recreation services;

(c) Recreation programs in schools and community agencies; and

(d) Leisure education.

(xvi) "Rehabilitation counseling services" means services provided by qualified personnel in individual or group sessions that focus specifically on career development, employment preparation, achieving independence, and integration in the workplace and community of a student with a disability. The term also includes vocational rehabilitation services provided to a student with a disability by vocational rehabilitation programs funded under the Rehabilitation Act of 1973, as amended, 29 U.S.C. 701.

(xvii) "School health services and school nurse services" means health services that are designed to enable a child with a disability to receive FAPE as described in the child's IEP. School nurse services are services provided by a qualified school nurse. School health services are services that may be provided by either a qualified school nurse or other qualified person.

(xviii) Social work services in schools includes:

(a) Preparing a social or developmental history on a child with a disability;

(b) Group and individual counseling with the child and family;

(c) Working in partnership with parents and others on those problems in a child's living situation (home, school, and community) that affect the child's adjustment in school;

(d) Mobilizing school and community resources to enable the child to learn as effectively as possible in the child’s educational program; and

(e) Assisting in developing positive behavioral intervention strategies.

(xix) Speech-language pathology services include:

(a) Identification of children with speech or language impairments;

(b) Diagnosis and appraisal of specific speech or language impairments;

(c) Referral for medical or other professional attention necessary for the habilitation of speech or language impairments;

(d) Provision of speech and language services for the habilitation or prevention of communicative impairments; and

(e) Counseling and guidance of parents, children, and teachers regarding speech and language impairments.

(xx) Transportation includes:

(a) Travel to and from school and between schools;

(b) Travel in and around school buildings; and

(c) Specialized equipment (such as special or adapted buses, lifts, and ramps), if required to provide special transportation for a child with a disability.

Response to Intervention (RtI)

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 defined in the Evaluation Section of Ohio’s Standards 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.

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

School District

A city, local, exempted village school district, or a community school.

School District of Residence

(a)The school district in which the child's parents reside;
(b) If the child is enrolled in a community school, the community school is considered to be the "school district of residence,"
(c) If the school district specified in paragraph (B)(54)(a) or (B)(54)(b) of this rule cannot be determined, the last school district in which the child's parents are known to have resided if the parents' whereabouts are unknown;
(d) If the school district specified in paragraph (B)(54)(c) cannot be determined, the school district determined by the court under section 2151.362 of the Revised Code, or if no district has been so determined, the school district as determined by the probate court of the county in which the child resides.
(e) Notwithstanding 3301-51-01 of the Administrative Code, paragraphs (B)(54)(a) to (B)(54)(d), if a school district is required by section 3313.65 of the Revised Code to pay tuition for a child, that district shall be the child's school district of residence.

Scientifically Based Research

From Section 9101(37) of the Elementary and Secondary Education Act of 1965, as amended and reauthorized by the No Child Left Behind Act of 2001, 20 U.S.C. 6301 (ESEA), defined as follows:

SCIENTIFICALLY BASED RESEARCH - The term 'scientifically based research' -

(A) means research that involves the application of rigorous, systematic, and objective procedures to obtain reliable and valid knowledge relevant to education activities and programs; and

(B) includes research that

(i) employs systematic, empirical methods that draw on observation or experiment;

(ii) involves rigorous data analyses that are adequate to test the stated hypotheses and justify the general conclusions drawn;

(iii) 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;

(iv) 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;

(v) 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

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

Secondary School

A nonprofit institutional day or residential school, including a community school, that provides secondary education, as determined under state law, except that it does not include any education beyond grade twelve.

Services Plan

A written statement that (1) describes the special education and related services the school district will provide to a parentally placed child with a disability enrolled in a nonpublic school who has been designated to receive services, including the location of the services and any transportation necessary, consistent with rule 3301-51-08 of the Administrative Code; and (2) is developed and implemented in accordance with rule 3301-51-08 of the Administrative Code.

Short-Term Objectives

Immediate steps leading to each annual IEP goal. Objectives must be measurable and understandable to all IEP team members.

Special Education

(a) General.

(i) Special education means specially designed instruction, at no cost to the parents, to meet the unique needs of a child with a disability, including:

(a) Instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings; and

(b) Instruction in physical education.

(ii) Special education includes each of the following, if the services otherwise meet the requirements of 3301-51-01 of the Administrative Code, paragraph (B)(58)(a)(i):

(a) Speech-language pathology services, or any other related service, if the IEP team considers the service special education rather than a related service under state standards;

(b) Travel training; and

(c) Vocational education.

(b) Individual special education terms defined. The terms in this 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 children or their parents as a 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 games and sports (including intramural and lifetime sports); and

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

(iii) Specially designed instruction means adapting, as appropriate to the needs of an eligible child under this rule, the content, methodology, or delivery of instruction:

(a) To address the unique needs of the child that result from the child's disability; and

(b) To ensure access of the child to the general curriculum, so that the child can meet the educational standards within the jurisdiction of the school district that apply to all children.

(iv) Travel training means providing instruction, as appropriate, to children with significant cognitive disabilities, and any other children with disabilities who require this instruction, to enable them to:

(a) Develop an awareness of the environment in which they live; and

(b) Learn the skills necessary to move effectively and safely from place to place within that environment (e.g., in school, in the home, at work, and in the community).

(v) Vocational education means organized educational programs that are directly related to the preparation of individuals for paid or unpaid employment, or for additional preparation for a career not requiring a baccalaureate or advanced degree.

Special Class or Center-Based Services for a Preschool Child with a Disability

A classroom program that provides group educational experiences to children of similar ages or developmental levels on a regularly scheduled basis and in a central location.

Standardized Testing

Tests that are given in the same way each time and are broken down into subsets to assess different areas of ability. IQ tests, achievement or language, developmental, adaptive behavior, behavior assessment and fine motor, gross motor, and visual perceptual tests are examples.

State Advisory Panel for Exceptional Children (SAPEC)

The State Advisory Panel for Exceptional Children (SAPEC) is established in accordance with 34 C.F.R. Part 300.167-300.169 in order to advise and assist the Ohio Department of Education (ODE) on the special education and related services for children with disabilities.

State Performance Plan (SPP)

The Individuals with Disabilities Education Improvement Act of 2004 (IDEA) requires each state to have in place a State Performance Plan (SPP) that evaluates its efforts to implement the requirements and purposes of Part B of IDEA and describes how the state will improve such implementation. The SPP, submitted every six years, includes measurable and rigorous targets for the 20 indicators established under three monitoring priority areas:
1) Free and Appropriate Public Education (FAPE) in the Least Restrictive Environment (LRE);
2) Disproportionality;
3) General Supervision Part B.

Special Class or Center-Based Services for a Preschool Child with a Disability

A classroom program that provides group educational experiences to children of similar ages or developmental levels on a regularly scheduled basis and in a central location.

Supervisory and Coordinator Services

Includes providing information and explanation regarding state and federal laws, recommended practice, and other topics essential for the delivery of services to learners with disabilities; helping school district personnel evaluate the effectiveness of special education and related services; and providing in-service education to parents and personnel involved in educating children with disabilities.

Supplementary Aids and Services

Aids, services, and other supports that are provided in regular education classes, other education-related settings, and in extracurricular and nonacademic settings, to enable children with disabilities to be educated with nondisabled children to the maximum extent appropriate in accordance with the requirements for least restrictive environment in rule 3301-51-09 of the Administrative Code.

Surrogate Parent

Someone who is appointed by the school district to act in the place of the child’s parent, representing the child in all areas of educational matters, if the child’s parent cannot be located.

Suspension

A suspension is any time that a child is not being provided FAPE due to disciplinary action.

Transition from Part C Early Intervention Services

The transition of children from the Part C programs to preschool programs as specified in rule 3301-51-11 of the Administrative Code.

Transition Services

(a) Means a coordinated set of activities for a child with a disability that:

(i) Is designed to be within a results-oriented process, that is focused on improving the academic and functional achievement of the child with a disability to facilitate the child's movement from school to post-school activities, including postsecondary education, vocational education, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation;

(ii) Is based on the individual child's needs, taking into account the child's strengths, preferences, and interests; and includes:

(a) Instruction;

(b) Related services;

(c) Community experiences;

(d) The development of employment and other post-school adult living objectives; and

(e) If appropriate, acquisition of daily living skills and provision of a functional vocational evaluation.

(iii) Shall be provided by individuals who have the competencies, experiences, and training required to meet the individual student's transition services needs, and may include job training coordinators, vocational special education coordinators, career assessment specialists, work-study coordinators or other qualified individuals.

(b) Transition services for children with disabilities may be special education, if provided as specially designed instruction, or a related service, if required to assist a child with a disability to benefit from special education.

Universal Design

The meaning given the term in Section 3 of the Assistive Technology Act of 1998, as amended, 29 U.S.C. 3002: Universal design means a concept or philosophy for designing and delivering products and services that are usable by people with the widest possible range of functional capabilities, which include products and services that are directly accessible (without requiring assistive technologies) and products and services that are inter-operable with assistive technologies.

Ward of the State

A child who, as determined by the state where the child resides, is:
(a) A foster child;
(b) A ward of the state; or
(c) In the custody of a public child welfare agency.

Index

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