edResourcesOhio.org

Glossary - county

kschindler — Wed, 07 Jul 2010 16:14:54 -0400

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.

General Education

A learning environment that provides a community of students with the opportunity to acquire skills and knowledge necessary to meet state and local performance objectives.

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.

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.

Procedural Safeguards - 5.13 Due Process Complaints

kschindler — Wed, 07 Jul 2010 16:07:21 -0400

Procedural Safeguards - 5.13 Due Process Complaints

State Performance Plan (SPP):

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

SPP 17:

Percent of fully adjudicated due process hearing requests that were fully adjudicated within the 45-day timeline or a timeline that is properly extended by the hearing officer at the request of either party. (20.U.S.C. 1416 (a)(3)(B))

Intent:

To provide parents, school districts (LEAs), county boards of DD and other educational agencies with a formal due process hearing procedure to resolve matters related to the identification, evaluation, educational placement or provision of a free appropriate public education (FAPE) for a child with a disability. A party requesting a due process hearing must file a due process complaint.

Timelines:

Within 10 calendar days of receiving the parent's due process complaint

If the school district of residence has not sent a prior written notice to the parent regarding the subject matter contained in the parent's due process complaint, the school district must, within 10 calendar days of receiving the complaint, send to the parent a response that includes the information specified in the requirements listed below (see School District of Residence Response to a Due Process Complaint).

If the school district files a due process complaint, the parent or other party receiving a due process complaint must, within 10 calendar days of receiving the due process complaint, send to the school district a response that specifically addresses the issues raised in the complaint.

Upon receipt of a due process complaint

Upon receipt of a due process complaint, the Ohio Department of Education, Office for Exceptional Children will appoint an impartial hearing officer and notify each party of the appointment. If the matter proceeds to a hearing, the hearing officer will conduct the hearing and will determine the sufficiency of the due process complaint, if it is challenged by the receiving party.

Within 15 calendar days

If the party receiving the due process complaint believes it is not sufficient, that party must, within 15 calendar days of receiving the due process complaint, notify the hearing officer and the other party in writing.

Within five calendar days

Within five calendar days after receiving this notification of alleged insufficiency, the hearing officer must make a determination on the face of the due process complaint regarding whether the due process complaint meets the requirements of rule 3301-51-05, and must immediately notify the parties in writing of that determination. If the hearing officer determines the due process complaint is insufficient, he or she must inform the filing party why the complaint is insufficient, how to make it compliant, and how to obtain assistance in writing a complaint that is sufficient.

Within 15 days of receiving notice of the parent’s due process complaint

Within 15 days of receiving notice of the parent’s due process complaint and before initiating a due process hearing, the school district of residence must convene a resolution meeting with the parent and the relevant member or members of the IEP team. This meeting is mandatory unless both parties agree to use state mediation or agree in writing to waive the resolution meeting. If the school district files the due process complaint, a resolution meeting is not required.

Within 30 calendar days of receiving the complaint

If the school district has not resolved the due process complaint to the satisfaction of the parent within 30 calendar days of receiving the complaint, the due process hearing may occur.

Not later than 45 calendar days

A final decision must be reached and a copy of the decision mailed to each of the parties involved in the due process hearing not later than 45 calendar days after the 30-day resolution period expires. The 30-day resolution period may be adjusted and the 45-day timeline would start the day after one of the following takes place:

Both parties agree in writing to waive the resolution meeting;
After either the mediation or resolution meeting starts but before the end of the 30-day period, the parties agree in writing that no agreement is possible; or
If both parties agree in writing to continue the mediation at the end of the 30-day resolution period, but later the parent or school district of residence withdraws from the mediation process.

REQUIREMENT

(7) Filing a due process complaint
(a) General

(i) A parent or a school district, county board of MR/DD, or other educational agency may file a due process complaint on any of the matters described in paragraphs (H)(1)(a) and (H)(1)(b) of this rule relating to the identification, evaluation or educational placement of a child with a disability, or the provision of FAPE to the child.

(ii) The due process complaint must allege a violation that occurred not more than two years before the date the parent or public agency knew or should have known about the alleged action that forms the basis of the due process complaint, except that the exceptions to the timeline described in paragraph (K)(10)(f) of this rule apply to the timeline in this paragraph.

3301-51-05
(K) Conflict Resoluton
(10) Impartial due process hearing
(f) Exceptions to the timeline
The timeline described in paragraph (K)(10)(e) of this rule does not apply to a parent if the parent was prevented from filing a due process complaint due to:

(i) Specific misrepresentations by the school district that it had resolved the problem forming the basis of the due process complaint; or

(ii) The school district’s withholding of information from the parent that was required under this rule to be provided to the parent.

GUIDANCE

A brief overview of the requirements that apply to a due process complaint and request for a due process hearing or an expedited due process hearing is included in the chart "Due Process Complaints: A Quick Reference Guide."

What is a due process complaint?

A due process hearing is requested by filing a due process complaint. A due process complaint is a written complaint filed with the child’s school district of residence. Whenever a due process complaint that meets the requirements set forth in Operating Standards for Ohio Educational Agencies Serving Children with Disabilities is received, the parents and the school district involved in the dispute must have an opportunity for an impartial due process hearing.

Who can file a due process complaint and on what issues?

A due process complaint can be filed on any matters related to the identification, evaluation, or educational placement of a child, or the provision of a free appropriate public education to the child by:

The parents;
A school district;
A county board of DD; or
Another educational agency.

What is the time limit for filing a complaint?

The due process complaint must allege a violation that occurred not more than two years before the date the parents or public agency knew or should have known about the alleged action that the complaint is about. The federal regulations and the Operating Standards for Ohio Educational Agencies Serving Children with Disabilities provide exceptions to the two-year timeline stated in the above requirements.

The hearing officer is responsible for determining, on a case-by-case basis, exceptions to the two-year timeline, considering factors affecting whether the parents or the agency "knew" or "should have known" about the action on which the due process complaint is based.

"Misrepresentations" are not defined or clarified in the federal regulations. Such matters are within the purview of the hearing officer. If the complaining party believes that the two-year timeline should not apply, the complaining party needs to ask the hearing officer to determine whether an otherwise untimely due process complaint can proceed to a hearing based on misrepresentations by the school district or the district’s withholding of information (Federal Register, August 14, 2006, pg. 46706). The non-complaining party may want to challenge the untimely filing.

REQUIREMENT

3301-51-05
(K) Conflict Resolution
(8) Due process complaint
(a) General

(i) The Ohio Department of Education shall establish state due process procedures. Additionally, the school district or public agency must have procedures that require either party, or the attorney representing a party, to provide to the other party a due process complaint (which must remain confidential).

(ii) The party filing a due process complaint must forward a copy of the due process complaint to the Ohio Department of Education.

(b) Content of complaint
The due process complaint required in Paragraph (K)(8)(a)(i) of this rule must include:

(i) The name of the child;

(ii) The address of the residence of the child;

(iii) The name of the school the child is attending;

(iv) In the case of a homeless child or youth (within the meaning of section 725(2) of the McKinney-Vento Homeless Assistance Act (42 U.S.C.11434a(2), as amended and specified in Title X, Part C, of the No Child Left Behind Act of 2001, January 2002, 42 U.S.C. 11431), available contact information for the child, and the name of the school the child is attending;

(v) A description of the nature of the problem of the child relating to the proposed or refused initiation or change, including facts relating to the problem; and

(vi) A proposed resolution of the problem to the extent known and available to the party at the time.

(c) Notice required Before a hearing on a due process complaint
A party may not have a hearing on a due process complaint until the party, or the attorney representing the party, files a due process complaint that meets the requirements of paragraph (K)(8)(b) of this rule.

GUIDANCE

What information must be included in a due process complaint?

The federal regulations and the Operating Standards for Ohio Educational Agencies Serving Children with Disabilities set forth the specific information that must be included in a due process complaint. This information is identified in the above requirements.

The Ohio Department of Education, Office for Exceptional Children (ODE/OEC) has developed a model form for filing a due process complaint. This form, Due Process Complaint and Request for a Due Process Hearing, is not a required form but can assist complainants with providing all the required information.

This form is posted on the ODE Web site at http://education.ohio.gov, keyword search: due process forms.

The party filing the due process complaint may use the model form provided by the ODE/OEC or may prepare and submit its own complaint, so long as it contains the required information.

A party may not have a hearing on a due process complaint until a sufficient complaint is filed; that is, a due process complaint that contains all the information listed in the above requirements.

REQUIREMENT

3301-51-05
(K) Conflict Resolution
(8) Due process complaint
(d) Appointment of hearing officer
Upon receipt of a request for a due process hearing, the Ohio Department of Education, Office for Exceptional Children, will appoint an impartial hearing officer from a list of attorneys maintained by the Office for Exceptional Children.

(K) Conflict Resolution
(10) Impartial due process hearing
(c) Impartial hearing officer

(i) At a minimum, a hearing officer:

(a) Must not be:

(i) An employee of the Ohio Department of Education or the school district that is involved in the education or care of the child; or

(ii) A person having a personal or professional interest that conflicts with the person’s objectivity in the hearing;

(b) Must possess knowledge of, and the ability to understand the provisions of the IDEA, federal and state regulations pertaining to the IDEA, and legal interpretations of the IDEA by federal and state courts;

(c) Must possess the knowledge and ability to conduct hearings in accordance with appropriate, standard legal practice;

(d) Must possess the knowledge and ability to render and write decisions in accordance with appropriate, standard legal practice; and

(e) Must be an attorney licensed to practice law in Ohio who has successfully completed all training required by the Ohio Department of Education.

(ii) A person who otherwise qualifies to conduct a hearing under paragraph (K)(10)(c)(i) of this rule is not an employee of the school district solely because the person is paid by the school district of residence to serve as a hearing officer.

(iii) Each public agency must keep a list of the persons who serve as hearing officers. The list must include a statement of the qualifications of each of those persons.

GUIDANCE

Appointment of hearing officer

Upon receipt of a due process complaint, the ODE/OEC will appoint the impartial hearing officer.

If a due process complaint is withdrawn and subsequently re-filed, the original hearing officer will be reassigned to the case if the issues are substantially the same.

REQUIREMENT

3301-51-05
(K) Conflict Resolution
(8) Due process complaint
(e) Sufficiency of complaint

(i) The due process complaint required by this rule must be deemed sufficient unless the party receiving the due process complaint notifies the hearing officer and the other party in writing, within fifteen days of receipt of the due process complaint, that the receiving party believes the due process complaint does not meet the requirements in paragraph (K)(8)(b) of this rule.

(ii) The appointed hearing officer shall handle all phases of the due process request, including, but not limited to, whether a determination of insufficiency should result in the amendment or dismissal of a due process complaint.

(iii) Within five days of receipt of notification under paragraph (K)(8)(e)(i) of this rule, the hearing officer must make a determination on the face of the due process complaint of whether the due process complaint meets the requirements of paragraph (K)(8)(b) of this rule, and must immediately notify the parties in writing of that determination.

The hearing officer shall review the sufficiency issues in accordance with the following:

(a) The hearing officer shall make a determination on the face of the due process complaint no later than five days after receipt of the notification under paragraph (K)(8)(e)(i) of this rule;

(b) The hearing officer shall notify all parties of that written determination on the same date the determination is made:

(c) If the due process complaint is determined to be insufficient, the determination shall include:

(i) The reasons for the determination of insufficiency;

(ii) A statement in clear language that the case has not been dismissed;

(iii) The case cannot go to hearing until a due process notice is filed which meets the requirements of paragraph (K)(8)(b) of this rule; and

(iv) Notice of resources to assist parents without counsel in completing due process complaints and in correcting deficiencies included in the finding of insufficiency by the hearing officer, including, but not limited to, the identity and contact information of the employee at the Ohio Department of Education who is qualified to answer parents’ questions about the required information specified in paragraph (K)(8)(b) of this rule that must be included in a due process complaint notice.

(iv) A party may amend its due process complaint only if:

(a) The other party consents in writing to the amendment and is given the opportunity to resolve the due process complaint through a meeting held pursuant to paragraph (K)(9) of this rule; or

(b) The hearing officer grants permission, except that the hearing officer may only grant permission to amend at any time not later than five days before the due process hearing begins.

(v) If a party files an amended due process complaint, the timelines for the resolution meeting in paragraph (K)(9)(a) of this rule and the time period to resolve in paragraph (K)(9)(b) of this rule begin again with the filing of the amended due process complaint.

GUIDANCE

Who decides whether the information in the due process complaint is sufficient?

A due process complaint is considered sufficient, that is, meeting the requirements regarding the content of the due process complaint, unless the party receiving the complaint believes the complaint does not meet the requirements and notifies the hearing officer and other party.

This notice must be provided in writing within 15 days of receiving the due process complaint and must be sent to the hearing officer and to the party filing the complaint. A copy of the notice is also sent to:

Ohio Department of Education

Office for Exceptional Children, Procedural Safeguards

Attn: Due Process Coordinator

25 South Front Street, Mail Stop #202

Columbus, Ohio 43215-4183

Toll Free: (877) 644-6338

Fax: (614) 728-1097

The hearing officer must determine whether the due process complaint meets the requirements no later than five calendar days after receiving the notification; he or she notifies the parties in writing of that determination on the same date the determination is made.

The hearing officer decides, based on the face of the due process complaint, whether it is legally sufficient. This means that the hearing officer may only look at what is written in the due process complaint and may not take additional evidence or testimony to make his or her decision about the sufficiency of the complaint. (Pagano, L. (2008, February). Options for dispute resolution (Module 18). Building the legacy: IDEA 2004 training curriculum. Washington, DC: National Dissemination Center for Children with Disabilities.)

20 U.S.C. §1415(b)(7)(A)(ii) does not require a due process complaint to reach the level of specificity and detail of a complaint in a court of law;
The purpose of the sufficiency requirement is to ensure that the other party will have an awareness and understanding of the issues forming the basis for the complaint; and
Due process complaints should be construed in light of Schaeffer v. Weast, 126 St. Ct. 528, 532 (2005), and Escambia County Board of Education v. Benton, 406 F. Supp. 2d 1248, 1259-1260 (S. D. Ala 2005).

(Keene v. Zelman, No. 2:06-cv-00389, United States District Court, Southern District of Ohio.)

If the hearing officer determines that the complaint is insufficient, the hearing officer must put that decision in writing. The decision by the hearing officer that the complaint is insufficient must include the following:

The reasons why the complaint is insufficient;
A statement in clear language that the complaint is NOT dismissed;
A statement in clear language that the complaint cannot go to hearing until a complaint is filed that meets the above requirement; and
A notice of resources that can assist parents without attorneys in completing a due process complaint and in correcting deficiencies included in the hearing officer’s finding of insufficiency. The resources listed in the sufficiency decision shall include, but not be limited to, the identity and contact information for an ODE employee who is qualified to address the issues.

Contact:

Sandy Kaufman, Procedural Safeguards Consultant

Ohio Department of Education

Office for Exceptional Children

Phone: (614) 752-1404

E-mail: sandy.kaufman@ode.state.oh.us

If the due process hearing request is determined to be insufficient, the filing party shall be given the options to amend the original complaint or to file a new complaint.

Note: The sufficiency requirement does not apply to expedited due process hearings. The non-filing party in an expedited due process hearing cannot challenge the sufficiency of a due process complaint.

Amending of due process complaint

A due process complaint can be amended only under the circumstances stated in the above requirements – if parties mutually agree in writing and are given the opportunity for a resolution meeting to resolve the amended complaint, or if a hearing officer grants permission to amend the complaint.

If the due process complaint is amended, the date on which the original due process complaint was filed also applies to the amendment. If the original due process complaint met the two-year filing deadline, the amendment will also be within the two-year filing period.

The timeline for the resolution meeting, 15 days — or seven days in the case of an expedited request — begins again and starts on the date the amended complaint is filed with the impartial due process hearing officer. The time period to resolve the due process complaint (30 days or if an expedited hearing, 15 days) begins again with the filing of the amended due process complaint.

See above requirements and Procedural Safeguards - 5.14 Resolution Process.

The 45-day timeline for the due process hearing and decision (30 days if an expedited hearing: 20 days for the expedited hearing and an additional 10 days for the decision) begins again at the end of the new resolution period.

Re-filing the due process complaint

A re-filed due process complaint is considered to be a new complaint and must meet all the requirements of a new request. A re-filed complaint has a new filing date and the timelines for the complaint begin again. See timelines at the beginning of this topic.

Note: This may mean that all or part of the new due process complaint MAY be outside the two-year limitation for filing a due process complaint and hearing request.

Due Process Complaints Filed by Parents

REQUIREMENT

3301-51-05
(K) Conflict Resolution
(8) Due process complaint
(f) School district of residence response to a due process complaint

(i) If the school district of residence has not sent a prior written notice under paragraph (H) of this rule to the parent regarding the subject matter contained in the parent’s due process complaint, the school district of residence must, within ten calendar days of receiving the due process complaint, send to the parent a response that includes:

(a) An explanation of why the school district of residence proposed or refused to take the action raised in the due process complaint;

(b) A description of other options that the IEP team considered and the reasons why those options were rejected;

(c) A description of each evaluation procedure, assessment, record, or report the school district of residence used as the basis for the proposed or refused action; and

(d) A description of the other factors relevant to the school district of residence’s proposed or refused action.

(ii) A response by the school district of residence under paragraph (K)(8)(f)(i) of this rule shall not be construed to preclude the school district from asserting that the parent’s due process complaint was insufficient, where appropriate.

(g) Other party response to a due process

Except as provided in paragraph (K)(8)(f) of this rule, the party receiving a due process complaint must, within ten days of receiving the due process complaint, send to the other party a response that specifically addresses the issues raised in the due process complaint.

(K) Conflict Resolution
(7) Filing a due process complaint
(b) Information for parents
The school district of residence must inform the parent of any free or low-cost legal and other relevant services available in the area if:

(i) The parent requests the information; or

(ii) The parent or the school district files a due process complaint under this rule.

(c) Hearing requested by someone other than parent
If a hearing has been requested by someone other than the child’s parent, the parent shall be informed in writing of the request. The parent shall be invited to participate in the proceedings and shall be provided copies of all communications between the parties.

GUIDANCE

What steps does the school district take when it receives a due process complaint and a request for a due process hearing?

When the parents or an agency files a due process complaint and a request for a hearing, the request is sent to the superintendent of the child’s district of residence and to the ODE/OEC. Upon receipt of a due process complaint, school district personnel should immediately:

Time stamp the due process complaint notice.

The timeline for starting the resolution process begins on the date the school district receives the due process complaint, whether it is sent by the parents or by the ODE/OEC.

Mail or fax a copy of the due process complaint to:

Ohio Department of Education

Office for Exceptional Children, Procedural Safeguards

Attn: Due Process Coordinator

25 South Front Street Mail Stop #202

Columbus, Ohio 43215-4183.

Toll Free: (877) 644-6338

Fax: (614) 728-1097

Forward a copy to the school district's attorney. (Optional)

There is no requirement that the school district be represented by legal counsel in a due process hearing; however, an impartial due process hearing is a legal procedure, and it is advisable to involve the district's attorney immediately upon receiving a due process complaint notice.

When the parents file the due process complaint, the school district provides the parents with:

A copy of Whose IDEA Is This? (This must be provided only upon receipt of the first due process complaint filed in the school year); and
Information on any free or low-cost legal and other relevant services available in the area. This information may include:
- Ohio Legal Rights Service
  50 W. Broad Street, Suite 1400
  Columbus, OH 43215-5923
  (614) 466-7264; (614) 728-2553 (TTY)
- Ohio Coalition for the Education of Children with Disabilities
  (Parent Training and Information Center [PTI])
  Ohio Coalition for the Education of Children with Disabilities
  165 W. Center Street, Suite 302
  Marion, OH 43302-3741
  (740) 382-5452; (800) 374-2806
- Educational Advocacy Services Memorial, Inc. (parent organization)
  1607 Mansfield Street
  Cincinnati, OH 45202
  (513) 621-3032

If a county board of MR/DD or another school district or educational agency files the due process complaint notice, the school district of residence:

Informs the parents in writing of the request for a hearing;
Invites the parents to participate in the proceedings;
Informs the parents that they will receive copies of all communications related to the due process complaint and the impartial due process hearing; and
Provides the parents with a copy of Whose IDEA Is This? if this is the first due process complaint filed in the school year.

Upon receiving the due process complaint, the ODE/OEC appoints an impartial due process hearing officer and notifies the school district of residence and the parents or, if appropriate, other agency of the appointment.

The superintendent or designee, or the school district’s legal counsel, should contact the hearing officer and provide contact information (office phone, mailing address, e-mail address) for the individual who will be available to respond to any questions or requests from the hearing officer, throughout the hearing process.

If the due process complaint is filed by the parents and the school district of residence has not provided the parents with prior written notice regarding the issues contained in the parents’ due process complaint notice, the school district will, within 10 calendar days of receiving the complaint, forward a response that includes the following information:

An explanation of why the school district proposed an action or refused to take the action raised in the due process complaint;
A description of other options that the IEP team considered and the reasons why those options were rejected;
A description of each evaluation procedure, assessment, record or report the school district of residence used as the basis for the proposed or refused action; and
A description by the school district of residence of other factors regarding the proposed or refused action.

Though the school district is required to provide this response, it may still assert that the parents’ or other agency’s due process complaint is insufficient.

If the due process complaint is filed by the parents, the school district immediately contacts the parents to schedule a resolution meeting within 15 days of receiving the due process complaint. See requirements and guidance in Procedural Safeguards - 5.14 Resolution Process.

The resolution meeting shall not be postponed if the school district believes that the parents' complaint is insufficient. While the period to file a sufficiency claim is the same as the period for holding the resolution meeting, parties receiving notice of a due process complaint should raise their sufficiency claims as early as possible, so the resolution period will provide a meaningful opportunity for the parties to resolve the dispute (Federal Register, August 14, 2006, pg. 46698).

If the due process complaint is filed by another school district, a county board of MR/DD or another educational agency, the school district contacts the other party to determine whether it is interested in participating in mediation offered through the ODE/OEC.

To ensure that the parents’ or other agency’s complaint accurately sets out the issues, making resolution of the complaint more likely, the school district may agree to an amendment of a due process complaint.

If the school district consents to the amendment of the parents’ or other agency’s due process complaint, it should promptly proceed (if it hasn’t already done so) to schedule a resolution meeting with the parents at a mutually agreed upon time and place. (When a due process complaint is amended, the timelines for the resolution meeting and for resolving the due process complaint begin again with the filing of the amended due process complaint.)

The school district proceeds with scheduling a resolution meeting with the parents following the requirements and guidance set forth in Procedural Safeguards - 5.14 Resolution Process.

The school district proceeds with scheduling mediation with the other agency, if it has agreed to participate in mediation. Mediation is voluntary and must be mutually agreed upon by both parties. See Procedural Safeguards - 5.11 Mediation.

If the school district and the other agency do not agree to mediation, the due process hearing occurs. See Procedural Safeguards - 5.15 Impartial Due Process Hearing.

Due Process Complaints Filed by the School District of Residence

What steps does the school district take when it files a due process complaint?

The school district of residence should attempt to resolve disputes with parents before filing a due process complaint notice. This includes:

Communicating with parents about the disagreement;
Scheduling a case conference;
Convening an IEP team meeting, if appropriate, to discuss the matter and to try reaching a solution; and/or
Suggesting mediation or IEP facilitation offered through ODE/OEC.

If all efforts at resolving a dispute with the parents have been exhausted, the school district may choose to file a due process complaint.

The superintendent and/or superintendent’s designee should meet with the school district’s legal counsel to discuss the issues involved in the dispute and to determine whether or not to file a due process complaint and request a due process hearing. (There is no requirement that the school district be represented by legal counsel in a due process hearing; however, an impartial due process hearing is a legal procedure, and it is advisable to involve the district's attorney immediately when all attempts at resolving disputes with parents or another agency regarding a child with disabilities have been unsuccessful.)

The superintendent or designee or the school district's legal counsel completes the Due Process Complaint and Request for a Due Process Hearing form. This form is posted on the ODE Web site at http://education.ohio.gov, keyword search: due process forms.

The superintendent or designee or the school district's legal counsel sends the original due process complaint and request for a hearing to the parents and faxes a copy to the ODE/OEC at (614) 728-1097, or mails it to:

Ohio Department of Education
Office for Exceptional Children, Procedural Safeguards
Attn: Due Process Coordinator
25 South Front Street Mail Stop #202
Columbus, Ohio 43215-4183

The school district provides the parents with:

A copy of the written due process complaint notice;
A copy of Whose IDEA Is This? (This must be provided only upon receipt of the first due process complaint filed in the school year); and
Information on any free or low-cost legal and other relevant services available in the area. This information may include:
- Ohio Legal Rights Service
  50 W. Broad Street, Suite 1400
  Columbus, OH 43215-5923
  (614) 466-7264; (614) 728-2553 (TTY)
- Ohio Coalition for the Education of Children with Disabilities
  (Parent Training and Information Center [PTI])
  Ohio Coalition for the Education of Children with Disabilities
  165 W. Center Street, Suite 302
  Marion, OH 43302-3741
  (740) 382-5452; (800) 374-2806
- Educational Advocacy Services Memorial, Inc. (parent organization)
  1607 Mansfield Street
  Cincinnati, OH 45202
  (513) 621-3032

Upon receiving the due process complaint, the ODE/OEC appoints an impartial due process hearing officer and notifies the school district of residence and the parents of the appointment.

The superintendent or designee, or the school district’s legal counsel (optional), should contact the hearing officer and provide contact information (office phone, mailing address, e-mail address) for the individual who will be available for responding to any questions or requests from the hearing officer throughout the hearing process.

The school district receives a written response to its due process complaint from the parents within 10 calendar days that specifically addresses the issues raised in the school district’s due process complaint.

If the parents believe the school district’s due process complaint is not sufficient, the parents notify the impartial hearing officer as well as the school district, in writing. The parents also send a copy of the notification to the ODE/OEC within 15 calendar days of receiving the due process complaint.

The impartial hearing officer determines the sufficiency of the complaint and notifies the school district and the parents no later than five days from receiving the notice. The hearing officer notifies the parties in writing of that determination on the same date the determination is made. If the hearing officer determines the due process complaint is insufficient, the hearing officer provides the school district and parents, in writing:

The reasons why the complaint is insufficient;
A statement in clear language that the complaint is NOT dismissed;
A statement in clear language that the complaint cannot go to hearing until a complaint is filed that meets the above requirement; and
A notice of resources that can assist parents without attorneys in completing a due process hearing and in correcting deficiencies included in the hearing officer’s finding of insufficiency. The resources listed in the sufficiency decision shall include, but not be limited to, the identity and contact information for an ODE employee who is qualified to address the issues.

Contact:

Sandy Kaufman, Procedural Safeguards Consultant

Ohio Department of Education

Office for Exceptional Children

Phone: (614) 752-1404

E-mail: sandy.kaufman@ode.state.oh.us

If the school district chooses to re-file the complaint, it takes into consideration the impact the re-filing may have on timelines:

All timelines, including the hearing and issuance of the hearing officer's decision, begin again on the date the school district receives the re-filed complaint. This prolongs the process and the timeliness in which the complaint may be resolved.
The revised timelines may mean that all or part of the new complaint MAY be outside the two-year limitation for filing a due process complaint and a request for a due process hearing.

The school district amends its due process complaint if the other party agrees in writing to the amendment and is given the opportunity to resolve the amended complaint, or if the hearing officer grants permission to amend the complaint.

The school district files its amended due process complaint.

The school district is not required to hold a resolution meeting.

The school district, depending on the specific case, may contact the other party and express an interest in participating in mediation offered through the ODE/OEC. Mediation is voluntary and must be mutually agreed upon by both parties. See Procedural Safeguards - 5.11 Mediation.

If the school district and the other party do not agree to mediation, the due process hearing may occur. See Procedural Safeguards - 5.15 Impartial Due Process Hearing.

Note: A school district of residence may file a due process complaint and request a due process hearing with another public agency and one public agency may also file a due process complaint and request against another public agency. If a school district of residence or other public agency chooses to do so, it should contact the Due Process Coordinator at the ODE/OEC to review procedures.

Discipline - 8.5 Manifestation Determination

kschindler — Wed, 07 Jul 2010 15:25:09 -0400

Discipline - 8.5 Manifestation Determination

State Performance Plan (SPP):

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

SPP 4:

Rates of suspension/expulsion:

A: Percent of districts identified by the State as having a significant discrepancy in the rate of suspensions and expulsions of children with disabilities for greater than 10 days in a school year; and

B: Percent of districts identified by the State as having a significant discrepancy in the rates of suspensions and expulsions of greater than 10 days in a school year of children with disabilities by race and ethnicity. (20.U.S.C. 1416 (a)(3)(A); 1412(a)(22)) (Significant discrepancies in discipline rates are those in which the rates of suspensions and expulsions for children with disabilities exceed those for typical students by at least 1 percent.)

Intent:

To determine whether child's behavior that resulted in disciplinary actions was caused by or had a direct and substantial relationship to the child's disability.

Timelines:

The day the decision is made to suspend or expel
Notify child of the intent to suspend or expel; notify the parents through prior written notice and provide procedural safeguards notice, Whose IDEA Is This?, and send the parents an invitation to the manifestation determination meeting.

Within 10 school days of any decision to change the placement of a child with a disability due to a violaltion of a code of student conduct
Relevant members of the child's individualized education program (IEP) team and other qualified personnel must conduct a manifestation determination review.

Within 10 school days of the manifestation determination
If the behavior is a manifestation of the child's disability, the IEP team meets to either:

Conduct a functional behavior assessment (FBA) and implement a behavior intervention plan (BIP); or
Review the existing FBA and BIP and modify as needed to address the behavior.

REQUIREMENT

3301-51-05
(K) Conflict resolution
(20) Authority of school personnel

(e) Manifestation determination

(i) Within ten school days of any decision to change the placement of a child with a disability because of a violation of a code of student conduct, the school district, the parent, and relevant members of the child's IEP team (as determined by the parent and the school district) must review all relevant information in the child's file, including the child's IEP, any teacher observations, and any relevant information provided by the parents to determine:

(a) If the conduct in question was caused by, or had a direct and substantial relationship to the child's disability; or

(b) If the conduct in question was the direct result of the school district's failure to implement the IEP.

(ii) The conduct must be determined to be a manifestation of the child's disability if the school district, the parent, and relevant members of the child's IEP team determine that a condition in either paragraph (K)(20)(e)(i)(b) or (K)(20)(e)(i)(b) of this rule was met.

GUIDANCE

Manifestation determination review

School personnel:

And the parents determine the relevant members of the IEP team to conduct the manifestation review. Relevant members may include the parents, principal, intervention specialist, regular educator, related service personnel, someone with authority to make decisions, the child, when appropriate, and other qualified personnel.
Sends the parents an invitation to the meeting to conduct a manifestation determination along with a copy of the procedural safeguards notice, Whose IDEA Is This?. This notice should be sent with the intent to suspend or expel notice so the required timelines for conducting the review are met.
Arrange the team meeting (at a mutually agreed upon time and place) and notify team members of the time and location of the meeting.
Identify and collect all relevant information in the child’s file needed to conduct the review, including but not limited to:
- The child's IEP;
- Any teacher’s observations;
- Evaluation data;
- Relevant information provided by the parents; and
- The functional behavior assessment (FBA), if conducted.
Convene the meeting and review relevant information.
Using the relevant information, the team must determine if the behavior resulting in disciplinary action was caused by, or had a direct, substantial relationship to, the child’s disability. To make this determination:
- Consider placement appropriateness, supplementary aids and services and whether the child’s behavioral intervention strategies were appropriate and consistent with the IEP.
- Analyze the child’s behavior across settings and across time.

If the team can answer yes to either of the following questions, the child's behavior was a manifestation of the disability:
- Was the conduct in question caused by, or did it have a direct and substantial relationship to, the child's disability? or
- Was the conduct in question the direct result of the school district’s failure to implement the IEP?

REQUIREMENT

3301-51-05
(K) Conflict resolution
(20) Authority of school personnel

(f) Determination that the behavior was a manifestation

If the school district, the parents, and relevant members of the IEP team make the determination that the conduct was a manifestation of the child’s disability, the IEP team must:
(i) Either:

(a) Start to conduct a functional behavioral assessment within 10 days of the manifestation determination and complete the assessment as soon as is practicable, unless the school district had conducted a functional behavioral assessment before the behavior that resulted in the change of placement occurred, and implement a behavior intervention plan for the child; or

(b) If a behavioral intervention plan had already been developed, within 10 days of the manifestation determination, review the behavioral intervention plan and the implementation of the plan, and modify it, as necessary, to address the behavior subject to disciplinary action; and

(ii) Except as provided in paragraph (K)(20)(g) of this rule (special circumstances involving weapons, illegal drugs or serious bodily injury), return the child to the placement from which the child was removed, unless the parent and school district agree to change the placement as part of the modification of the behavioral intervention plan.

GUIDANCE

Determination that the behavior WAS a manifestation

If the school district and parents agree with the manifestation determination:

The child remains in the interim alternative educational setting (IAES) for 45 school days with services that enable the child to continue to make progress in the general curriculum and to progress on his or her IEP goals. However, if the behavior is determined to not be a manifestation of the child's disability, the school district may remove the child for a longer period of time, to the same extent a child without a disability would be removed.

If the school district or parents disagree with the manifestation determination:

The school district or parents may request an expedited due process hearing. (See Procedural Safeguards - 5.16 Expedited Due Process Hearing.)
The child remains in the IAES until the decision of the hearing officer, or for the same period of time as children without disabilities if the behavior is not a manifestation of the child's disability, or 45 school days if the behavior is a manifestation of the child's disability.

If the conduct in question was the direct result of the school district's failure to implement the IEP:

School personnel must:

Remedy deficiencies in the implementation of the IEP.
Either conduct a functional behavior assessment (FBA) and implement a behavior intervention plan (BIP), or review the existing FBA and BIP and modify them as needed to address the behavior.

If the child's behavior is a manifestation of the child's disability, school personnel must:

Review and modify the child's BIP or begin conducting an FBA:
- The school district arranges for the IEP team meeting and notifies IEP team members of the time and location of the meeting.
- The IEP team will consider the problematic behavior that precipitated the disciplinary change of placement. The purpose of the meeting is to review and modify the child's BIP, if one is not in place. The behavioral interventions should be implemented as soon as is practical.
Remedy deficiencies, if any, in the IEP, placement or implementation of the IEP.
- Were the goals and objectives appropriate?
- Was the IEP implemented?
- Was the placement appropriate?
- Has the child received the supplementary aids and services indicated in the IEP?
- Were behavior intervention strategies appropriate?
Review the existing BIP and modify it, if needed, to address the behavior.
- Does the child have a BIP?
- If so, does it need to be revised?
- If not, does one need to be written?
Or, start conducting an FBA and create and implement a BIP.
- Has the chid had an FBA?
- If not, develop an assessment plan, begin conducting the FBA and develop a BIP.
Although the child has been removed from his or her current educational setting, school personnel can begin conducting an FBA to determine the purpose (avoidance or escape, attention or sensory needs) the behavior serves the child.
- Collect historical and background data by reviewing cumulative folder, IEPs, IAT minutes, statewide assessment scores, attendance and discipline files;
- Conduct indirect assessments such as rating scales, interviews and checklists;
- Determine the target behavior for behavioral intervention planning; and
- Develop a hypothesis, including the context of the behavior, description of the behavior and the function of the behavior.

School personnel will be unable to collect direct observational data or to verify the hypothesis during the child's removal from school. As soon as the child returns, school personnel should begin to collect direct observational data to verify the hypothesis and to develop behavioral interventions and supports so that the behavior does not recur.

It may be necessary for school personnel and the parents to develop a plan to return the child to school.

The child returns to the placement from which he or she was removed unless the parents and school personnel agree to a change of placement as part of the modification of the BIP.

REQUIREMENT

Determination that behavior was not a manifestation

3301-51-05
(K) Conflict resolution
(20)Authority of school personnel
(c) Additional authority
For disciplinary changes in placement that would exceed ten consecutive school days, if the behavior that gave rise to the violation of the school code is determined not to be a manifestation of the child's disability pursuant to paragraph (K)(20)(e) of this rule, school personnel may apply the relevant disciplinary procedures to children with disabilities in the same manner and for the same duration as the procedures would be applied to children without disabilities, except as provided in paragraph (K)(20)(d) of this rule.

(d) Services
(i) A child with a disability who is removed from the child's current placement pursuant to paragraphs (K)(20(c) or (K)(20)(g) of this rule must:

(a) Continue to receive educational services, as provided in rule 3301-51-02 of the Administrative Code, so as to enable the child to continue to participate in the general curriculum, although in another setting, and to progress toward meeting the goals set out in the child's IEP; and

(b) Receive, as appropriate, a functional behavioral assessment, and behavioral intervention services and modifications, that are designed to address the behavior violation so that it does not recur.

GUIDANCE

Determination that the behavior was NOT a manifestation

If the team determines that the child’s behavior was not a manifestation of the child’s disability, school personnel may:

Apply disciplinary procedures in the same manner and for the same duration as would be applied to children without disabilities.
The IEP team meets, if needed, to review and modify the child’s IEP to address the behavior, or conduct an FBA and create and implement a BIP to address the behavior so that it does not recur. (See Guidance above.)
If the removal constitutes a change in placement, the IEP team determines services that enable the child to advance in the general curriculum and to progress in achieving the goals of his or her IEP.
- FAPE must be provided to the child beginning on the 11^th cumulative day of removal in a school year.

REQUIREMENT

3301-51-05
(K) Conflict resolution
(22) Appeal
(a) General
The parent of a child with a disability who disagrees with any decision regarding placement under paragraphs (K)(2) and (K)(21) of this rule, or the manifestation determination under paragraph (K)(20)(e) of this rule, or a school district that believes that maintaining the current placement of the child is substantially likely to result in injury to the child or others may appeal the decision by requesting a hearing. The hearing is requested by filing a complaint pursuant to paragraphs (K)(7) and (K)(8) of this rule.

GUIDANCE

When parents challenge a manifestation determination

If the parents disagree with the manifestation determination and request an expedited hearing, the child remains in the interim alternative educational setting (IAES) pending the decision of the hearing officer. (See Procedural Safeguards - 5.16 Expedited Due Process Hearing).

IEP - 7.1 General

kschindler — Thu, 01 Jul 2010 15:01:54 -0400

IEP - 7.1 General

State Performance Plan (SPP):

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

SPP 12: Early childhood transition

Percent of children referred by Part C prior to age 3, who are found eligible for Part B, and who have an IEP developed and implemented by their 3rd birthdays.(20.U.S.C. 1416 (a)(3)(B))

Intent:

To ensure that all children with disabilities within the school district (LEA) are identified, evaluated and served, whether those services are provided within the local school district, in other districts or agencies, in charter (community) schools or in nonpublic schools.

Timelines:

By the child's third birthday and at the beginning of each subsequent school year, each school district must have an IEP in effect for each child with a disability within its jurisdiction.
- Within 30 calendar days of the determination that the child needs special education and related services;
- Within 90 calendar days of receiving informed parental consent for an evaluation; or
- Within 120 calendar days of receiving a request for an evaluation from a parent or school district (unless the team has determined it does not suspect a disability). (See Procedural Safeguards - 5.3 Parental Consent for Evaluation and Evaluation - 6.2 Request and Referral for Initial Evaluation).
The IEP will be completed entirely, including all goals, objectives or benchmarks, and description of services to be delivered, before the initiation of special education and related services.
Special education services will start on the effective date of the IEP.
School-age services must be considered during the preschool IEP process for a child who will be age 6 as of December 1.
For children with disabilities transitioning from Part C to Part B, services begin on the child’s third birthday, unless the family of a child with a summer birthday and the district agreed when they conducted the IEP meeting that services will start at the beginning of the school year.

REQUIREMENT

3301-51-07
Individualized education program (IEP)
General
(A) Each school district shall adopt and implement written policies and procedures approved by the Ohio Department of Education, Office for Exceptional Children, that ensure an individualized education program (IEP) is developed and implemented for each child with a disability.

(B) The county boards of mental retardation and developmental disabilities (county boards of MR/DD) and other educational agencies shall adopt and implement written policies and procedures approved by the Ohio Department of Education, Office for Exceptional Children, that ensure services identified in the child’s IEP are provided as agreed upon with the child’s school district of residence.

(C) The child’s school district of residence is responsible for ensuring that the requirements of this rule are met regardless of which school district, county board of MR/DD, or other educational agency implements the child’s IEP. This includes the responsibility for initiating and conducting meetings for the purpose of developing, reviewing, and revising the IEP of a child with a disability.

3301-51-07
(D) Children in other districts or agencies
(1) The child’s school district of residence is responsible for ensuring that an IEP is developed and implemented for each child with a disability residing in the school district. When providing special education services for a child with a disability in another school district, county board of MR/DD or other educational agency, the school district of residence must follow the same procedural safeguards as it does for all children with disabilities and have on file a copy of the current evaluation team report and the IEP.

(2) Each school district will cooperate with other districts, county boards, MR/DD, and with educational agencies that serve children with disabilities in institutions or other care facilities to ensure that these children have access to an education in a regular public school setting, when appropriate, and as specified in the IEP.

GUIDANCE

General and children in other districts or agencies

Each district must ensure that an IEP is developed and implemented for each child with a disability. Both the district of residence and the district of service must provide a free appropriate public education to any child with a disability attending its schools or residing within the boundary of its district. Neither the district of residence or the district of service may charge the other for personnel attending IEP meetings.
If the school district and the parent agree that an out-of-state placement is necessary to provide a free appropriate public education (FAPE), the district may contract for that placement in accordance with Ohio Revised Code (O.R.C.) § 3323.08 (B)(3). If the district and the parent do not agree that the out-of-state placement is necessary to provide FAPE, that disagreement can be resolved through IDEA’s dispute resolution procedures, like any other dispute between a parent and a district.
The school district of residence must have a current list of all children with disabilities being served outside the school district.
A district of residence representative must be invited to attend all meetings for children served outside of the district that are held to develop, review and revise the IEP.
The district of residence representative should participate in IEP meetings (in person, by phone, by conference call or other means) because the district of residence has the ultimate responsibility for the IEP.
The district of residence will ensure that a current evaluation and IEP is on file for children not served within the district.
The building principal should ensure that a current IEP is on file for each child receiving special education services in the building(s) to which the principal is assigned.
It is good practice for the district to print out a list of due dates for IEPs and evaluations and distribute that list to administrators, intervention specialists and related service personnel responsible for the children.

For further assistance in determining the responsibilities of each district when serving children with disabilities placed out of district by another entity, refer to Districts' Responsibilities for Students Placed Out of District, Ohio Department of Education, Office for Exceptional Children, July 2008 and Provision of Services for School Age(5-21)Children with Disabilities Placed Out of District, February 11, 2010.

For assistance in determining the district of residence's responsibilities for children who participate in the Autism Scholarship Program, refer to Autism Scholarship Program (ASP) Guidelines, Ohio Department of Education, Office for Exceptional Children.

REQUIREMENT

3301-51-07
(K) When IEPs must be in effect
(1) General
By the child’s 3rd birthday and at the beginning of each subsequent school year, each school district must have in effect, for each child with a disability within its jurisdiction, an IEP, as defined in paragraph (H) of this rule. The IEP shall be implemented as soon as possible following the IEP meeting.

(2) The initial IEP must be developed within whichever of the following time periods is the shortest:

(a) Within thirty calendar days of the determination that the child needs special education and related services;

(b) Within ninety calendar days of receiving parental consent for an evaluation; or

(c) Within one hundred twenty calendar days of the receipt of a request for an evaluation from a parent or school district.

(3) Initial IEPs; provision of services
Each school district must ensure that:

(a) A meeting to develop an IEP for a child is conducted within thirty days of a determination that the child needs special education and related services; and

(b) As soon as possible following development of the IEP, special education and related services are made available to the child in accordance with the child’s IEP.

GUIDANCE

When IEPS must be in effect

Each school district must ensure that:

For an initial IEP

(a) A meeting to develop a child's IEP is conducted within 30 days of a determination that the child needs special education and related services; and

(b) As soon as possible following development of the IEP, special education and related services are made available to the child in accordance with the child’s IEP.

The initial IEP must be developed within whichever of the following time periods is the shortest:

Within 30 calendar days of the determination that the child needs special education and related services;
Within 90 calendar days of receiving informed parental consent for an evaluation; or
Within 120 calendar days of receiving a request for an evaluation from the parents or school district (unless the team has determined it does not suspect a disability).

For children who transition from Part C Early Intervention

For each child who transitions from Part C Early Intervention Services and qualifies for special education and related services, an IEP must be in effect by the child’s third birthday and at the beginning of each subsequent school year.

Exception: According to IDEA, the only time a child transitioning from Help Me Grow/Part C early intervention to preschool special education can have an IEP implementation date later than the child's third birthday is when that birthday is in the summer. For these children, data from Help Me Grow and additional evaluation data must be used to determine if the child requires extended school year(EYS) services to sustain current skills. If regression is a possibility, the district can provide services that are different from those provided during the school year, to ensure the child does not lose skills. A child who has lost skills because ESY was not provided can require additional attention and support once they begin the preschool program. ESY must be provided as required by rule 3301-51-02(G) and discussed under IEP - 7.5 Special Factors and Considerations.
Note: This exception does not apply to children with birthdays in the spring.

For children who transfer into the district in the summer

IEPs must be in effect at the beginning of the school year for all identified children with disabilities in the district's jurisdiction. Therefore, the district must have a process in place to make sure that any child identified as having a disability who transfers into the district in the summer has an IEP in place when he or she starts the new school in the fall.

For an IEP developed during an annual review

The IEP team meeting may be held on one date and the IEP implemented at a later date. However, ODE/OEC strongly recommends against this practice. If the IEP team makes any changes to the IEP and then does not implement the new IEP, the parents could claim that the district did not provide the child FAPE. That is, the district knew the goals, objectives and services were not appropriate for the child at the time of the IEP team meeting, but continued providing inappropriate services rather than implementing the new IEP.

Except for initial IEPs that must be implemented as soon as possible after the development of the IEP, nothing in Ohio's Operating Standards or the IDEA prohibits delaying implementation of a revised IEP.

REQUIREMENT

3301-51-07
(K) When IEPs must be in effect
(5) IEPs for children who transfer school districts in the same state
If a child with a disability (who had an IEP that was in effect in a previous school district in the same state) transfers to a new school district of residence in the same state, and enrolls in a new school within the same school year, the new school district of residence (in consultation with the parents) must provide a free and appropriate public education (FAPE) to the child (including services comparable to those described in the child's IEP from the previous school district of residence), until the new school district of residence either:

(a) Adopts the child’s IEP from the previous school district of residence, or

(b) Develops, adopts, and implements a new IEP that meets the applicable requirements in paragraphs (H) to (L) of this rule.

GUIDANCE

IEPs for children who transfer school districts in the same state

In all cases the new district of residence (in consultation with the parents) must provide FAPE to the eligible child with a disability, including services comparable to those described in the child's current IEP, until the current IEP is adopted or a new IEP is developed.

What does the district do when there is no ETR or IEP or the ETR and IEP have expired?

If a child's IEP is not available upon enrolling in a new district of residence, the school district cannot deny the child's enrollment. The child is to be immediately enrolled in the new district and provided with an education until the time the IEP is received from the sending district. If the sending district does not send the IEP or the IEP is out of date, the receiving district must write a new IEP and implement it. This also holds true for evaluations and evaluation team reports (ETRs). If a new IEP or ETR must be completed, this should be done as soon as possible because the child is entitled to FAPE from the day the child enrolls in the district. If appropriate services are not provided in the interim between enrollment and the completion of these documents compensatory education may be required. Therefore, it is in the district's best interest to complete these tasks as quickly as possible.

If the district has concerns about a child's ETR from another district in state, the IEP team should refer the child for additional evaluation. This would constitute a reevaluation and should be completed within a reasonable amount of time to ensure the child receives appropriate services.

REQUIREMENT

3301-51-07
(K) When IEPs must be in effect
(6)IEPs for children who transfer from another state
If a child with a disability (who had an IEP that was in effect in a previous school district in another state) transfers to a new school district of residence in Ohio and enrolls in a new school within the same school year, the new school district of residence (in consultation with the parents) must provide the child with FAPE (including services comparable to those described in the child’s IEP from the previous school district of residence), until the new school district of residence:

(a) Conducts an evaluation pursuant to paragraphs (E) to (G) of rule 3301-51-06 of the Administrative Code (if determined to be necessary by the new school district of residence); and

(b) Develops, adopts, and implements a new IEP, if appropriate, that meets the applicable requirements in paragraphs (H) to (L) of this rule.

3301-51-07
(K) When IEPs must be in effect
(1) General
By the child’s 3^rd birthday and at the beginning of each subsequent school year, each school district must have in effect, for each child with a disability within its jurisdiction, an IEP, as defined in paragraph (H) of this rule. The IEP shall be implemented as soon as possible following the IEP meeting.

GUIDANCE

IEPs for children who transfer from another state

If a child with a disability who had an IEP in effect in an out-of-state school district transfers to a new school district of residence, the new school district of residence (in consultation with the parents) must provide the child with FAPE (including services comparable to those described in the child’s IEP from the previous school district of residence), until the new school district of residence:

Conducts an evaluation pursuant to paragraphs (E) to (G) of rule 3301-51-06 of the Administrative Code (if determined to be necessary by the new school district of residence); and
Develops, adopts, and implements a new IEP, if appropriate, that meets the applicable requirements in paragraphs (H) to (L) of Rule 3301-51-07.

If the district determines that a new evaluation is necessary, this evaluation is considered an initial evaluation and requires parental consent.

In all cases the new district of residence (in consultation with the parents) must provide FAPE to the child including services comparable to those described in the current IEP until the current IEP is adopted or a new IEP is developed.

If a child with a disability transfers from another state to a school in Ohio and the Ohio school has not received a copy of the child's ETR and IEP, the Ohio school district is not required to provide special education services to the child on the date of enrollment. However, it must serve the child through the regular education program until the child's IEP and ETR are received from the sending district. If the records are not obtained within a reasonable amount of time (two to three weeks), then the school district in Ohio will need to conduct an evaluation and develop an IEP for the child. (See Evaluation - 6.2 Request and Referral for Initial Evaluation) The receiving school district is responsible for obtaining the child's education records.

REQUIREMENT

3301-51-07
(K) When IEPs must be in effect
(7) Transmittal of records
To facilitate the transition for a child described in paragraphs (K)(5) and (K)(6) of this rule (child who transfers from a school district in the same state or from out of state):

(a) The new school district of residence in which the child enrolls must take reasonable steps to promptly obtain the child’s records, including the IEP and supporting documents and any other records relating to the provision of special education or related services to the child, from the previous school district of residence in which the child was enrolled, pursuant to 34 C.F.R. 99.31 (a)(2)(July 1, 2005); and

(b) The previous school district of residence in which the child was enrolled must take reasonable steps to promptly respond to the request from the new school district of residence.

See Family Educational Rights and Privacy Act (FERPA) 34 C.F.R. 99.31(a)(2) and 99.34.

GUIDANCE

What is a district's responsibility regarding transmittal of records?

To ensure the continuity of services for a child with a disability, all school districts in Ohio should develop a process for requesting records from other school districts.

That process must ensure that once a request is received, the records and documentation are promptly sent to the requesting district.

Although districts can withhold transcripts for nonpayment of fees, copies of the IEP, ETR and other special education records cannot be withheld.

REQUIREMENT

3301-51-07
(M) Nonpublic school placements by public school districts
(1) Developing IEPs

(a) Before a public school district places a child with a disability in, or refers a child to, a nonpublic school or facility, the district must initiate and conduct a meeting to develop an IEP for the child in accordance with paragraphs (H) and (L) of this rule.

(b) The district must ensure that a representative of the nonpublic school or facility attends the meeting. If the representative cannot attend, the district must use other methods to ensure participation by the nonpublic school or facility, including individual or conference telephone calls.

(2) Reviewing and revising IEPs

(a) After a child with a disability enters a nonpublic school or facility, any meetings to review and revise the child’s IEP may be initiated and conducted by the nonpublic school or facility at the discretion of the public school district.

(b) If the nonpublic school or facility initiates and conducts these meetings, the public school district must ensure that the parents and a district representative

(i) Are involved in any decision about the child’s IEP, and

(ii) Agree to any proposed changes in the IEP before those changes are implemented.

(3) Responsibility
Even if a nonpublic school or facility implements a child’s IEP, responsibility for compliance with this rule remains with the public school district and the Ohio Department of Education.

GUIDANCE

Nonpublic school placements by public school districts

What is the district’s responsibility for developing IEPs for children it has placed in nonpublic schools?

If the child and parents reside in the same school district and the IEP team develops an IEP that is provided in a nonpublic school:

Before the child is placed:

The school district of residence will conduct a meeting to develop the initial IEP for the child;
The school district of residence must ensure that a representative of the nonpublic school or facility attends the meeting; and
If the representative of the nonpublic school or facility cannot attend, the district must provide other means for participation by the nonpublic school or facility, including individual or conference telephone calls.

After the child is placed:

The district of residence decides whether to allow the nonpublic school or facility to initiate and conduct any meeting to review and revise the child’s IEP. For annual reviews, the nonpublic school or facility of attendance may hold an IEP meeting at the discretion of the district of residence. If an IEP meeting is held, the district providing services shall ensure that:

The district of residence representative and the parents are involved in any decisions regarding the child’s IEP, and
The district of residence representative agrees to any proposed changes before revision of the child’s IEP.

The nonpublic school or facility is not required to hold the IEP meeting.

If the child and parents do not live in the same district, the district serving the child must have the approval of the district of the parents' residence to refer the child to another school district or agency.
It is the responsibility of the district of residence and the Ohio Department of Education (ODE) to ensure compliance, even if a nonpublic school or facility implements the child’s IEP.

What is a Services Plan?

If a school district places a child with a disability in a nonpublic school or facility, the child’s IEP is still called an IEP. If the parents unilaterally place a child with a disability in a nonpublic school, the child may have a Services Plan and is not entitled to an IEP.

REQUIREMENT

3301-51-08 Parentally placed nonpublic school children
(A) Children’s rights to services
Each school district is required to provide equitable services and participation for eligible children who are attending a chartered or non-chartered nonpublic school located within the district’s geographical boundaries. The school district must have timely and meaningful consultation with the chartered and non-chartered nonpublic school officials to determine if any children attending those nonpublic schools are eligible for equitable services.

3301-51-08
(C) Provision of services for parentally placed nonpublic school children with disabilities: basic requirement
(2) Services plan for parentally placed nonpublic school children with disabilities
In accordance with paragraph (C)(1) and paragraphs (I) to (K)of this rule, a services plan must be developed and implemented for each nonpublic school child with a disability who has been designated by the school district in which the nonpublic school is located to receive special education and related services under this rule.

GUIDANCE

Nonpublic school placements by parents

What is a district’s responsibility for services for children with disabilities who have been placed by their parents in nonpublic schools located in the school district’s geographical boundaries?

Each school district is required to provide equitable services and participation for eligible children who are attending chartered or nonchartered nonpublic schools located within the district’s geographical boundaries. No child with a disability in a nonpublic school has an individual right to receive any of the specific special education and related services that the child would receive in a public school. The child is not entitled to FAPE. Decisions about the services nonpublic school children with disabilities will receive are made by the school district after it consults with representatives of the nonpublic school. The district of residence shall give representatives of nonpublic schools an opportunity to express their views in light of the available funding, the number of nonpublic school children with disabilities, the children’s needs and their location, to help decide which children will receive services and what services will be provided. However, the final decisions about the services to be provided belongs to the public school district where the nonpublic school is located. (See Section 9 Parentally-Placed Nonpublic School Children).

Services Plan

Special education services to be provided to a nonpublic school child with disabilities placed by his or her parents must be implemented in accordance with a services plan. A services plan must be individually developed for each child served and must describe the specific special education and related services that the district in which the nonpublic school is located agrees to provide to that child. The services plan is written on the Services Plan form. This form is being developed by ODE/OEC and when available will be included in this document under Ohio Required Forms, posted on the www.EdResourcesOhio.org Web site, and on the ODE Web site at http://education.ohio.gov, keyword search: services plan.

The school district where the nonpublic school is located - whether or not it is the child’s district of residence - is required to conduct the services plan meeting for an eligible child who will receive special education and related services.

The representative of the nonpublic school must be invited to attend the services plan meeting.
If a nonpublic school representative is unable to attend, the school must use other methods to ensure the nonpublic school representative’s participation, including individual or conference telephone calls.
The public school district providing the services is responsible for conducting meetings, at least annually, to review and, if appropriate, revise each child’s services plan.
The child's school district of residence must provide transportation for a child with a disability who is enrolled by his or her parents in a nonpublic school, to the same degree as any child without disabilities who is attending a chartered nonpublic school. If transportation is a related service, it should be defined in the child’s services plan. Transportation must be provided if transportation is necessary for the child to benefit from or participate in services provided.

The school district determines where services will be provided. With the permission of the nonpublic school, services may be provided on the premises of a nonpublic school to the extent consistent with the law.

REQUIREMENT

3301-51-08
(R)Autism Scholarship program considerations
(1) Children who are participating in the “Autism Scholarship Program” (ASP), established by section 3310.41 of the Revised Code, and attending either a chartered or non-chartered nonpublic school are eligible to participate in the special education IDEA Part B and early childhood special education flow-through benefits if the children meet the eligibility requirements outlined in this rule.

(a) The district where the chartered or non-chartered nonpublic school is located is responsible for the evaluation of these children as well as a determination of whether or not these children will receive services through a services plan, as outlined in paragraphs (B) and (C) of this rule. The services plan for these children must provide special education and related services that are not already covered by ASP funds.

(b) The school district of residence shall create the IEP that is required for these children to participate in the ASP. The school district where the nonpublic school is located shall complete the evaluation and develop a services plan, if appropriate.

GUIDANCE

Autism scholarship program (ASP) considerations

The district of residence is responsible for developing the IEP required for children to participate in the Autism Scholarship Program. The registered private provider provides services according to the IEP and will document the child’s progress and send information about that progress to the district of residence.

Children who are participating in the ASP and attending either a chartered or non-chartered nonpublic school may receive services through a services plan. The services plan for these children must provide special education and related services that are in addition to the services contained in the child's IEP and being paid for by the ASP funds. See Parentally Placed Nonpublic School Children - 9 Guidelines for Providing Services.

REQUIREMENT

3301-51-07
(L) Development, review, and revision of IEP
(4) Children with disabilities in adult prisons
(a) Requirements that do not apply
The following requirements do not apply to children with disabilities who are convicted as adults under state law and incarcerated in adult prisons:

(i) The requirements contained in Section 612(a)(16) of the IDEA and paragraph (H)(1)(g) of this rule (relating to participation of children with disabilities in general assessments).

(ii) The requirements in paragraph (H)(2) of this rule (relating to transition planning and transition services) do not apply with respect to the children whose eligibility under Part B of the IDEA will end, because of their age, before they will be eligible to be released from prison based on consideration of their sentence and eligibility for early release.

(b) Modification of IEP or placement

(i) Subject to paragraph (L)(4)(b)(ii) of this rule, the IEP team of a child with a disability who is convicted as an adult under state law and incarcerated in an adult prison may modify the child’s IEP or placement if the state has demonstrated a bona fide security or compelling penological interest that cannot otherwise be accommodated.

GUIDANCE

Children with disabilities in adult prisons

See the above Requirements.

REQUIREMENT

3301-51-01
(B)Definitions

(52) "Related services" means transportation and such developmental, corrective, and other supportive services as are required to assist a child with a disability to benefit from special education and 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.

(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.

GUIDANCE

Related Services

Transportation as a related service

See Annotations for the IEP PR-07 Form.

REQUIREMENT

3301-51-01
(B)Definitions
(58)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

GUIDANCE

Related services as special education

For a child to receive only a related service as special education in the state of Ohio, all of the following must apply:

The child is identified as a child with a disability by meeting the requirements under one of the 13 categories of disabilities as outlined in the IDEA;
The child needs only a related service; and
The intensity of the services provided meets the definition of special education (i.e., specially designed instruction to meet the unique needs of the child with a disability).

Speech is a disability category.

A child who has a speech disability only is a child with a disability under IDEA. That child is entitled to all the supports and services the child needs to progress in the general education curriculum and to receive FAPE. There is no such thing as a "speech-only" IEP. If a child with only a speech disability needs additional supports and services beyond speech, the IEP team convenes and adds those services to the existing IEP. For example; occupational therapy could be included as a related service on the IEP for a child who has a speech or language impairment.

Procedures for missed related services

PROCEDURES FOR MISSED RELATED SERVICES

If a child’s IEP requires the child receive services from a related service provider and the related service provider is absent on the day the services are to be provided, then the services shall be made up at another time. The related service provider may have another service provider provide the child the services. If this is done the related service provider must ensure that the substitute service provider is appropriately licensed and trained to provide the necessary services to the child.

If the related service provider is attending or engaging in some alternative activity during the time the child is to receive related services (e.g., assemblies, IEP meetings, kindergarten screenings), the related service provider shall make up the child’s services at another time. The related service provider may also have another service provider provide the child the services. If this is done the related service provider must ensure that the substitute service provider is appropriately licensed and trained to provide the necessary services to the child.

If the child is absent on the day the child is to receive related services, the related service provider does not have to make up those services.

If the child is attending or engaging in some alternative activity with the class (e.g., assemblies, field trips, grandparent day), the related service provider does not have to make up services. If a school holiday falls on the day the child is to receive related services the related service provider does not have to make up the service. Caution should be exercised, however, to ensure that holidays and class activities do not continually fall on the same day of the week that the child receives services resulting in the child missing many days of service. Too many missed service days may result in the child not receiving a free appropriate public education.

Confidentiality - 4.2 Notice to Parents

kschindler — Thu, 01 Jul 2010 14:07:06 -0400

Confidentiality - 4.2 Notice to Parents

State Performance Plan (SPP):

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

Intent:

To make sure that school districts, county boards of DD and other educational agencies give notice that is adequate to fully inform parents:

Of the information pertaining to their children that is collected, used, maintained or destroyed by the school district under the provisions of IDEA; and
Of their rights to access their children's education records.

Timelines:

None are specified.

REQUIREMENT

3301-51-04
(C) Notice to parents
(1) The school district, county board of MR/DD, and other educational agency must give notice that is adequate to fully inform parents about the requirements to ensure that the school district, county board of MR/DD, and other educational agency comply with this rule related to protecting the confidentiality of any personally identifiable information collected, used, or maintained under Part B of the IDEA. The notice shall include:

(a) A description of the extent that the notice is given in the native languages of the various population groups in the school district, county, or other area served;

(b) A description of the children on whom personally identifiable information is maintained, the types of information sought, the methods the state intends to use in gathering the information (including the sources from whom information is gathered), and the uses to be made of the information;

(c) A summary of the policies and procedures that participating agencies must follow regarding storage, disclosure to third parties, retention, and destruction of personally identifiable information; and

(d) A description of all the rights of parents and children regarding this information, including the rights under FERPA and implementing regulations in 34 C.F.R. Part 99 (July 1, 2005).

(2) Before any major identification, location, or evaluation activity, the notice must be published or announced in newspapers or other media, or both, with circulation adequate to notify parents throughout the school district, county board of MR/DD, or other area served of the activity.

GUIDANCE

Notice to parents

The school district, county board of DD and other educational agencies must give notice that is adequate to fully inform parents and adult students of their rights regarding education records. Notice must be given as directed in (2) of the Requirement preceding. Additionally, notice could be given in a handbook or annual report and posted on the district's Web site. The notice must describe the extent to which the notice is given in the native languages of the various population groups in the school district, county or other area served and must include a summary of the policies and procedures of the district, board or agency regarding the storage, disclosure, retention and destruction of personal information. The notice must include a description of the children on whom personally identifiable information is maintained, the types of information sought, the methods the state intends to use in gathering the information (including the sources from whom information is gathered) and the uses to be made of the information. A description of the rights of parents and children related to the information, including rights under FERPA, must be included in the notice. The name and phone number of a contact person also should be included, and a statement that this information may be obtained in an alternate format (e.g., braille, large print or audiotape).

Before the school district conducts child find activities, (See Child Find - 3.2 Responsibilities in Locating Children with Disabilities.) the district must publish or announce the notice using media which must include local newspapers with circulations broad enough to notify parents in the area served and may include radio and television.

Confidentiality - 4.9 Disciplinary Information

kschindler — Thu, 01 Jul 2010 14:05:08 -0400

Confidentiality - 4.9 Disciplinary Information

State Performance Plan (SPP):

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

Intent:

To provide guidance to school districts (LEAs) regarding the transmittal of records, including disciplinary actions, for a child with a disability.

REQUIREMENT

3301-51-04
(Q) Disciplinary information
(1) A school district, county board of MR/DD, and other educational agency shall include in the records of a child with a disability a statement of any current or previous disciplinary action that has been taken against the child and transmit the statement to the same extent that the disciplinary information is included in, and transmitted with, the child records of nondisabled children.

(2) When a child transfers from one school, county board of MR/DD, or other educational agency to another, the transmission of any of the child’s records must include both the child’s current IEP and any statement of current or previous disciplinary action that has been taken against the child.

(3) The statement required in paragraphs (Q)(1) and (Q)(2) of this rule:

(a) Shall specify the circumstances that resulted in the disciplinary action and provide a description of the disciplinary action taken if the disciplinary action was taken because the child:

(i) Carried a weapon to or possessed a weapon at school, on school premises, or to or at a school function under the jurisdiction of a school district, county board of MR/DD, and other educational agency;

(ii) Knowingly possessed or used illegal drugs, or sold or solicited the sale of a controlled substance, while at school, on school premises, or at a school function under the jurisdiction of a school district, county board of MR/DD, and other educational agency; or

(iii) Inflicted serious bodily injury upon another person while at school, on school premises, or at a school function under the jurisdiction of a school district, county board of MR/D and other educational agency.

(b) Shall include any information that is relevant to the safety of the child and other individuals involved with the child; and

(c) May include a description of any other behavior engaged in by the child that required disciplinary action, and a description of the disciplinary action taken.

GUIDANCE

Disciplinary information

Each school district, county board of DD and other educational agency shall keep an accurate and correct record of any current or previous disciplinary action that has been taken against a child with a disability, just as it would for any child without a disability.

When a child with a disability moves to another school, county board of DD, education agency or judicial institution, information regarding code of conduct violations must be transmitted with the child's current IEP and education records, to the same extent disciplinary information is transmitted for a child without a disability.

The transmission of the child's records must include a statement specifying the specific circumstances that resulted in the disciplinary action and a description of the disciplinary action taken because the child:

carried or possessed a weapon at school, on school premises or at school functions;
knowingly possessed or used illegal drugs, or sold or solicited the sale of a controlled substance, while at school, on school premises or at school functions; or
inflicted any serious bodily injury upon another person at school, on school premises or at school functions.

Full disclosure of disciplinary actions is important for the safety of the child and others. A description of any additional behaviors the child engaged in that required disciplinary action, including a description of the disciplinary action taken, will be helpful when analyzing behavior and subsequent responses to disciplinary intervention. (See Discipline - 8.4 Special Circumstances: Removals Involving Drugs, Weapons, or Serious Bodily Injury)

IEP - 7.6 Postsecondary Transition Services

kschindler — Thu, 01 Jul 2010 10:26:52 -0400

IEP - 7.6 Postsecondary Transition Services

State Performance Plan (SPP):

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

SPP 13:

Secondary transition: Percent of youth aged 16 with an IEP that includes coordinated, measurable, annual IEP goals and transition services that will reasonably enable the student to meet the post-secondary goals. (20.U.S.C. 1416 (a)(3)(B))

Intent:

To ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment and independent living.

Timelines:

Beginning at age 14 (or younger, if determined appropriate by the IEP team), the IEP shall include a statement, updated annually, of the child's transition service needs under the applicable components of the child's IEP that focuses on the child's courses of study.

Beginning not later than the first IEP to be in effect when the child turns 16 (or younger if determined appropriate by the IEP team), and updated annually, the IEP must include:

Appropriate measurable postsecondary goals based upon age-appropriate transition assessments related to training, education, employment, and where appropriate, independent living skills; and
The transition services (including courses of study) needed to assist the child in reaching those goals.

REQUIREMENT

3301-51-07
(H) Definition of individualized education program (IEP)
(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:

(a) A statement that discusses the child’s future.

The IEP team shall ensure that the family and child's preferences and interests are an essential part of the planning process. The IEP team will document planning information on the IEP.

GUIDANCE

Future planning

This includes the family and child’s needs, preferences and interests, as well as their vision of immediate and post-secondary-life plans that guide the development of the IEP.

The Future Planning statement in the IEP affords the IEP team the opportunity each year, beginning with the very first IEP when a child turns 3, to discuss long range plans with the child and family. Future plans should become more specific to post-school life as the child nears age 14. Ask questions such as "What do you want to do as an adult (education, training, employment, independent living)?" and "Between now and then, what do you need to do to get there?" Focus on statements of achievable, postsecondary goals. Ask the question "What do you see yourself doing immediately after high school in the areas of education and training, employment and independent living?"

See Resources for Future Planning www.nsttac.org, [student-focused planning, student development and evidence- based practices.]

See Annotations for the New 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:
(63) "Transition services":

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

(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 child’s transition services needs, and may include job training coordinators, vocational special education coordinators, career assessment specialists, work-study coordinators or other qualified individuals.

GUIDANCE

Transition services are embedded into the IEP and required for all children who are or will be 16 years of age during the effective dates of the IEP. For children who are 14 years of age (or younger, if determined appropriate by the IEP team) during the effective dates of the IEP, the IEP shall include a statement, updated annually, that addressees the child's transition service needs that focus on the child's courses of study.

Transition services are specifically designed activities and processes that will help the child move through middle school and high school toward adult life, keeping in mind the specific post-school activities envisioned in the areas of employment, education, training, and independent living.

For example, an instructional transition service may be mobility training provided by the Bureau of Vocational Rehabilitation Services to enable the child to use public transportation, to reach a work experience site.

A related service may be special tutoring to prepare for the written section of the state driver’s exam, to help the child obtain a driver’s license.

Community experiences may include job shadowing, volunteer work at a local veterinarian’s office, helping out at a homeless shelter on weekends or any other community activity related to the child’s postsecondary goals or current course of study.

Functional vocational evaluation is defined as a documentation of general work behaviors (e.g., attention to task, work rate, work organization, attendance, punctuality and physical stamina); dexterity; following directions; working independently or with job supports or accommodations; job interests and preferences; abilities (aptitude); and other special needs such as job-specific work skills; interpersonal relationships and socialization; and work related skills (e.g. independent transportation, appropriate use of break time, appropriate dress for work). Functional vocational assessments are considered most valid when provided in a specific work environment.

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.

(a) Subject to paragraph (B)(10)(b) of this rule, 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) of this rule, 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.

(63) "Transition services":

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

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

GUIDANCE

Who should provide services?

There is no specific licensure or endorsement required for personnel who may provide transition services for children with disabilities approaching age 14, or above. The transition to work endorsement is the preferred credential for personnel who provide transition services for children with disabilities. However, if the provider does not hold the transition to work endorsement, this person should have the competencies, experiences and training required to meet the individual child's transition services needs. Providers may include those individuals listed in the above Requirements, paragraph (63)(a)(iii).

When transition services may be special education

The IEP team determines if transition services are special education or a related service following the definition of "child with a disability" in Rule 3301-51-01(B)(10)(b) of the Requirements above.

For example, a child with significant needs may require specially designed instruction during secondary school that focuses on the development of specific job skills related to work experience (i.e., functional math skills in construction and carpentry) or another a child may require only a related service, such as transportation training from a mobility specialist, to get to a postsecondary education or training site as an adult.

REQUIREMENT

3301-51-07
(H) Definition of individualized education program
(2) Transition services
(a) For each child with a disability, beginning at age 14 (or younger, if determined appropriate by the IEP team), the IEP shall include a statement, updated annually, of the transition service needs of the child under the applicable components of the child’s IEP that focuses on the child’s courses of study (such as participation in advanced-placement courses or a vocational education program).

GUIDANCE

Age 14 Requirements - Ohio Rules

Beginning at age 14 (or younger, if determined appropriate by the IEP team):
- No later than when the child is age 14, the IEP team must address the child’s transition service needs related to the child's courses of study.
- Beginning with the IEP in effect when the child turns 14, the IEP team must discuss the child’s projected high school courses of study, related to post-school plans outlined in the future planning statement, to ensure that those courses of study are designed to lead to post-school success.
- This process should start as early as possible after the child reaches the middle/junior school high level.
The IEP shall include a statement, updated annually, of the transition service needs of the child that focuses on the child's courses of study.
The IEP team must consider the child’s projected high school courses of study related to the postsecondary goals, based on the child’s future planning statement. The team then must determine the specific transition services needs (if any) to support the child’s proposed course of study and other activities related to the measurable postsecondary goals for working, learning and living. For example,
- If the child wants to pursue automotive technology at the career-technical center, he or she may need additional instruction in higher-level mathematics, if that is an area of need. Or he or she may need a work experience related to automotive technology.
- If the child intends to enroll in a four-year college, he or she may need accommodations in foreign languages class or assistance from the guidance counselor.
- If the child’s future plan is to seek supportive employment or independent living, he or she may need a significantly modified curriculum and referral to BVR, DD or other adult service agencies to determine potential eligibility.
The IEP should focus on the child’s courses of study (such as participation in advanced-placement courses or a vocational education (career-technical education) program).
- When the child is age 14, this may be a general statement of the courses required to graduate and move to post-school life, or a specific list of courses for each year, required to gain entrance into career-technical education or specific postsecondary education or training.
- The classes listed in the course of study would not be "mandatory" or definite, but rather would be a map of what classes and experiences would benefit the child in reaching the stated future plans in the IEP.
- This would be a proposed course of study, and the stipulated courses may be altered or deleted at any time by the IEP team, depending upon the changing needs, strengths, preferences and interests of the child and must be based upon the future planning statement. By age 16, this course of study would be much more specific and would facilitate the achievement of measurable postsecondary goals.
- For a child with significant disabilities, a "course of study" may refer to specially designed instruction in math, language arts and in functional life skills, as appropriate.

See Annotations for the New IEP PR-07 Form.

REQUIREMENT

3301-51-07
(H) Definition of individualized education program
(2) Transition services - continued

(b) Beginning not later than the first IEP to be in effect when the child turns sixteen, or younger if determined appropriate by the IEP team, and updated annually, thereafter, the IEP must include:

(i) Appropriate measurable postsecondary goals based upon age-appropriate transition assessments related to training, education, employment, and, where appropriate, independent living skills; and

(ii) The transition services (including courses of study) needed to assist the child in reaching those goals.

GUIDANCE

Age 16 Requirements - Ohio Rules

No later than in the IEP that is in effect when the child turns 16, there must be measurable postsecondary goals in these areas:

1) Employment (or specific career);

2) Postsecondary education and training; and

3) Independent living, where appropriate (based upon the needs identified in the present levels of academic achievement and functional performance and through the results of age-appropriate transition assessments).

Goals in these areas describe outcomes that will occur after the child leaves high school. "Measurable" in this context means that it can be easily determined by a "yes" or "no" response whether or not the child achieved the goal.

For example:

Charlie will enroll in the Yoder Welding Academy after graduation from high school and will receive transportation training and support from the Bureau of Vocational Rehabilitation Services.
Sally will obtain employment in the food service industry as a baker and salad chef after graduation from the Culinary Arts Program at the Buckeye’s Rule CTC.

IEP teams may be concerned about liability for children to attain goals the child is expecting to reach after he or she leaves high school. This issue is addressed in NSTTAC's Indicator 13 Q and A. An excerpt appears below. See www.nsttac.org for the complete Q and A document.

NSTTAC Indicator 13 Checklist Frequently Asked Questions and Responses

The following are Frequently Asked Questions regarding the NSTTAC developed Indicator 13 Checklist with Responses from NSTTAC that may help you as you consider the I-13 Checklist, available at www.nsttac.org. These responses were approved by OSEP on November 16th, 2006.

14. Can the goal be counted? In other words, you mean is it measurable? If it is stated as a measurable goal that occurs after children have left the LEA, I'm concerned about liability issues when children don't meet those state goals after high school.

Yes. If a postsecondary goal (an outcome that occurs after the child has left high school, not a process that occurs after a child leaves school) is stated in a manner that can be counted as occurring or not occurring, it is a measurable postsecondary goal. Statements that indicate what a child "will" do rather than "plans" or "hopes" to do, indicate measurable postsecondary goals.

NSTTAC staff are developing examples and non-examples for this item for training purposes. IDEA 2004 discusses the purpose of transition services as "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" (IDEA 2004, Part B, 614, [d][1][A][VIII]; §300.43[a][1]).

The Regulations, released August 14, 2006, also clarify the purpose of transition services as being "designed to meet (children's) unique needs and prepare them for further education, employment, and independent living" (§300.1[a]). IDEA 2004 does not require that LEAs are held accountable for the attainment of postsecondary goals. The stated measurable postsecondary goals are required components of transition planning. There are numerous mediating factors that positively or negatively affect an adult's acquisition of goals, for which a school could not be held accountable. The purpose of the legislation and this indicator is that a child's education program supports their goals beyond secondary school.

See Annotations for the New IEP PR-07 Form.

REQUIREMENT

3301-51-07
(H) Definition of individualized education program
(2) Transition services

(b) Beginning not later than the first IEP to be in effect when the child turns sixteen, or younger if determined appropriate by the IEP team, and updated annually, thereafter, the IEP must include:

(ii) The transition services (including courses of study) needed to assist the child in reaching those goals.

GUIDANCE

Transition services in IEP

In a child's IEP at age 14, transition services are more focused on those needed to assist the child in achieving success in the high school course of study. At age 16, transition services are determined by the IEP team with more of a focus on assisting the child with needs related to adult environments.

For example:

The Ohio Rehabilitation Services Commission (ORSC) will provide mobility training with a mobility specialist two days per week for one hour each day. (This must be verified and approved through ORSC before the statement can be put in the secondary transition services and ORSC representatives should be invited to meetings where this is discussed.)
A school district tutor will provide instruction for the driver’s training course two hours per week for a total of eight hours.
The school district will provide course work in applied mathematics that is specially designed to enhance the child's employability skills related to a post-school goal of entering an apprenticeship in carpentry.

See Annotations for the New IEP PR-07 Form.

REQUIREMENT

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 a 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.

GUIDANCE

Inviting the child to the IEP meeting

No later than the IEP that will be in effect when a child turns 14, the district is required to invite the child to attend the child’s IEP meeting and involve the him or her in the planning process for postsecondary goals and current secondary transition service needs.

REQUIREMENT

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

(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.

GUIDANCE

When the child does not attend the IEP meeting

When a child does not attend the IEP meeting, steps that can be taken to ensure that a child’s preferences and interests are considered. These include reviewing currently existing data, interviewing the child, or using any type of formal or informal age-appropriate transition assessment. (See information on Age-Appropriate Assessments at http://www.nsttac.org/pdf/trans_fact_sheet.pdf.)

Active child participation in IEP meetings can be encouraged by preparing the child in advance to take ownership of his or her post-school plans. (See information on Evidence Based Practices at www.nsttac.org.)

REQUIREMENT

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 a 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.
(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)(a) 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.

3301-51-07
(L)Development, review, and revision of IEP
(3) Failure to meet transition objectives
(a) If a participating agency, other than the school district, fails to provide the transition services described in the IEP in accordance with paragraph (H)(2) of this rule, the school district must reconvene the IEP team to identify alternative strategies to meet the transition objectives for the child set out in the IEP.

GUIDANCE

Inviting representatives of outside agencies to the IEP meeting

These rules require the school district, through the IEP team and with permission of the parents and/or child (when 18 and above), to invite representatives of outside agencies that may be involved in providing transition services, or in providing adult-level services at a later date, based upon current needs. These agencies may include, but are not limited to, the county board of DD, Ohio Rehabilitation Services Commission (ORSC), Social Security Administration, Children’s Services, juvenile or family court and Job and Family Services. The purpose is to collaborate with these agencies to provide services as needed for the transition to post-school life.

If there is a possibility that the child would need transition services the school district cannot provide, the agencies that could provide or pay for these services should be invited, with the permission of the parents or child (if the child is 18 or older). This includes representatives from a career-technical education provider, the Social Security Administration, the county board of DD, Job and Family Services, Bureau of Vocational Rehabilitation Services, family courts, foster care or any other local agency that may provide services.

Participating agency failure to provide services

If a participating agency, other than the school district, fails to provide the transition services described in the IEP in accordance with paragraph (H)(2) of this rule, the school district must reconvene the IEP team to identify alternative strategies to meet the transition goals or services for the child set out in the IEP.

REQUIREMENT

3301-51-07
(J) Parent participation
(2) Information provided to parents

(b) For a child with a disability, beginning not later than the first IEP to be in effect when the child turns fourteen, or younger if determined appropriate by the IEP team, the notice also must:

(i) Indicate that a purpose of the meeting will be the development of a statement of the transition services needs of the child; and

(ii) Indicate that the school district will invite the child.

(c) For a child with a disability, beginning not later than the first IEP to be in effect when the child turns sixteen, or younger if determined appropriate by the IEP team, the notice also must:

(i) Indicate:

(a) That a purpose of the meeting will be the consideration of the postsecondary goals and transition services for the child, in accordance with paragraph (H)(2)(b) of this rule; and

(b) That the school district will invite the child; and

(ii) Identify any other agency that will be invited to send a representative

GUIDANCE

Notice of meeting

Beginning with the IEP that is developed for a child that will turn 14 during the ensuing 12 months (or earlier if appropriate), the child, parents and other IEP team members must focus on activities and goals for the transition to high school and beyond. This means that a course of study must be developed and discussed in light of post-school plans and that transition services related to the course of study must be included in the IEP.

For the IEP in place when the child turns 16 (or earlier if appropriate), the transition component of the IEP must contain specific appropriate, measurable postsecondary goals that are based upon age-appropriate transition assessments. These measurable postsecondary goals will address the following three areas: employment (career goal), education and training (as required for the career goal), and, if appropriate, independent living goals. "If appropriate" means that the present levels of academic achievement and functional performance identifies needs that warrant goals in the area of independent living skills. Independent living skills may include communication, behavior, technology, interpersonal skills, problem solving skills, organizational skills, motor skills, mobility skills, money management and other skills needed to successfully manage the routines and requirements of everyday life.

See Annotations for the New IEP PR-07 Form.

REQUIREMENT

3301-51-07
(J) Parent participation
(2) Information provided to parents

(c) For a child with a disability beginning not later than the first IEP to be in effect when the child turns 16, or younger if determined appropriate by the IEP Team, the notice also must:

(i) Indicate:

(a) That a purpose of the meeting will be the consideration of the postsecondary goals and transition services for the child, in accordance with (H)(2)(b) of this rule; and

(b)That the agency will invite the student; and

(ii) Identify any other agency that will be invited to send a representative.

3301-51-04
(M) Consent
(2) Except as provided in paragraphs (M)(2)(a) and (M)(2)(b) of this rule, parental consent is not required before personally identifiable information is released to officials of participating agencies for purposes of meeting a requirement of this rule and 34 C.F.R. Part 300 (October 13, 2006)

(a) Parental consent, or the consent of an eligible child who has reached the age of majority under Ohio law, must be obtained before personally identifiable information is released to officials of participating agencies providing or paying for transition services in accordance with rule 3301-51-07 of the Administrative Code.

(b) If a child is enrolled, or is going to enroll in a nonpublic school that is not located in the school district of the parent’s residence, parental consent must be obtained before any personally identifiable information about the child is released between officials in the school district where the nonpublic school is located and officials in the school district of the parent’s residence.

GUIDANCE

Information provided to parents

As stated in the requirement.

9 - Parentally Placed Nonpublic School Children

kschindler — Thu, 01 Jul 2010 09:49:38 -0400

9 - Parentally Placed Nonpublic School Children

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))
SSP 11:: Percent of children with parental consent to evaluate, who were evaluated within 60 days (or state established timeline). (20 U.S.C. 1416 (a)(3)(B))

Guidelines for Providing Services

A new form - PR-09: Services Plan is now available along with annotations for its use. It is included in this document under Ohio Required Forms, posted on the www.EdResourcesOhio.org Web site, and on the ODE Web site at http://education.ohio.gov, keyword search: services plan.

The Ohio Department of Education, Office for Exceptional Children (ODE/OEC) has developed Guidelines for Providing Services to Children with Disabilities Parentally Placed in Ohio Chartered and Nonchartered, Nonpublic Schools, Revised April 15, 2009. These guidelines provide school districts with information on how to implement rule 3301-51-08 of the Administrative Code. The school district where the nonpublic school is located is responsible for the location, identification and evaluation of children suspected of having a disability and the provision of equitable services for eligible parentally placed nonpublic school children. The following index will assist you in locating specific topics within the guidelines.

TOPIC	PAGE(s)
AUTISM SCHOLARSHIP PROGRAM (ASP) CONSIDERATIONS
Special Education Services Provided through Auxiliary Services Funds	8
Special Education Services Provided through Flow-Thru Funds	2 - 3

Auxiliary Services Funds (State Funds)
Approval of Services to be Provided	8
Children Receiving Services under the Autism Scholarship Program	8
Location of Services	8
Opportunity for Participation	8

CHILD FIND (Location, Identification and Evaluation)
Confidentiality Requirements	2
Consultation Regarding Child Find	1 - 2
Continued Determination of Eligibility	5
Proportionate Share of Part B Funds Cannot be Used	2
Responsibility of School District Where Nonpublic is Located	1

CHILDREN’S RIGHTS TO SERVICES
Children Receiving Services under the Autism Scholarship Program	2 - 3, 8
Determination of Services	5
Disagreement about FAPE	12
Right to FAPE	3
Transportation	7 - 8

COMPLAINT RIGHTS
Nonpublic School Officials	10 - 11
Parents of Children with Disabilities Placed in Nonpublic Schools	11
Resources for Filing a Complaint	12

CONSULTATION
Determination of Services	5
Documentation of Consultation and Participation	6 - 7
Location, Identification and Evaluation	1 - 2
Nonpublic School Complaints about Consultation	10 -11
Parent Complaints about Consultation	11

DEFINITIONS
Chartered Nonpublic School	1
Non-chartered, Nonpublic School	1
Nonpublic School	1

DUE PROCESS RIGHTS
Extend of Rights	10
Reimbursement for Nonpublic School Placement	10
Right to File a Formal Written Complaint	11 - 12

FUNDING SOURCES
Proportionate Share of Federal Funds	3 - 4
Use of Federal Funds- Part B IDEIA and Early Childhood Special Education Flow-Thru	3 - 4
Use of State Funds, Auxiliary Services	8

LOCATION OF SERVICES
Services Provided through Federal Funds (Part B IDEA and Early Childhood Flow-Thru)	7
Services Provided through State Funds (Auxiliary Services Funds)	8

PLACEMENT OF CHILDREN BY PARENTS
Cost of Nonpublic School Education	3, 12
Disagreements about FAPE	12
Limitation on Reimbursement	12 - 13
Reimbursement for Nonpublic School Placement	12

Reporting Requirements
EMIS Reporting	4
December 1 Child Count	4 - 5

SCHOOL DISTRICT OF RESIDENCE
Provision of FAPE	3
Transportation	7 - 8

SERVICES PLAN
Public School Development	9
State Assessment Considerations	9 - 10

State Assessment Consideratons
Accommodations	9 - 10
Alternate assessment	9
Excusal from the Consequences	9 - 10
Ohio Graduation Test (OGT)	9 - 10
Written Plans Developed by Chartered Nonpublic	10

TRANSPORTATION
Cost of transportation	8
District of Residence Responsibility for Transporting Nonpublic School Children	7
District where Nonpublic School Located Responsibility for Transportation	7 - 8

Procedural Safeguards - 5.11 Mediation

kschindler — Wed, 30 Jun 2010 16:49:39 -0400

Procedural Safeguards - 5.11 Mediation

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))
SPP 19:

Percent of mediations held that resulted in mediation agreements (20.U.S.C. 1416 (a)(3)(B)).

Intent:

To provide school districts (LEAs) and parents an alternative means of settling special educational disputes through the use of a qualified and impartial mediator rather than by a formal complaint process or due process hearing. Mediation is an option even when a formal complaint or due process complaint has been filed.

Timelines:

Within five business days

The mediator will schedule the mediation within five business days of receiving an appointment from the Ohio Department of Education, Office for Exceptional Children.

Within 20 business days

The mediation will be completed within 20 business days of the mediator’s setting the mediation session.

"Business day" means Monday through Friday, except for federal and state holidays (unless holidays are specifically included in the designation of business day).

Within 20 school days following the mediation agreement

If the mediation requires changes in the IEP, the IEP team shall be convened to incorporate changes into the IEP within 20 school days following the mediation agreement, or as agreed to in the mediation agreement.

"School day" means 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.

Note: Detailed mediation procedures, including the roles and responsibilities of the Ohio Department of Education, the school district and the mediator, are included in Statewide Special Education Mediation Procedures: A Guide for Parents, School Districts and Parent Advocacy Agencies, September 2009; and Mediation Procedures for Special Education, A Guide for Parents, Ohio Department of Education, Office for Exceptional Children, September 2009. These documents are posted at http://education.ohio.gov, keyword search: mediation procedures.

REQUIREMENT

3301-51-05
(K) Conflict Resolution
(3) Mediation
(a) General
The Ohio Department of Education shall establish state mediation procedures. Additionally, each school district must ensure that procedures are established and implemented to allow parties to disputes involving any matter under Part B of the IDEA, including matters arising prior to the filing of a due process complaint, to resolve disputes through a mediation process.

(b) Requirements
The procedures must meet the following requirements:

(i) The procedures must ensure that the mediation process:

(a) Is voluntary on the part of the parties;

(b) Is not used to deny or delay a parent’s right to a hearing on the parent’s due process complaint, or to deny any other rights afforded under Part B of the IDEA; and

(c) Is conducted by a qualified and impartial mediator who is trained in effective mediation techniques.

(iii) The Ohio Department of Education shall maintain a list of individuals who are qualified mediators and knowledgeable in laws and regulations relating to the provision of special education and related services.

(iv) The Ohio Department of Education shall select mediators on a random, rotational, or other impartial basis. Both parties to the mediation must be involved in selecting the mediators and agree with the selection.

(c) Impartiality of mediator

(i) An individual who serves as a mediator under this rule:

(a) May not be an employee of the Ohio Department of Education or any school district or agency that is involved in the education or care of the child; and

(b) Must not have a personal or professional interest that conflicts with the person’s objectivity.

(ii) A person who otherwise qualifies as a mediator is not an employee of a school district of residence or state agency that receives a subgrant under Section 611 of the IDEA solely because the person is paid by the agency to serve as a mediator.

GUIDANCE

A brief overview of Mediation is described in the chart "Conflict Resolution Processes."

When a dispute arises regarding the education of a child with a disability and an impasse is reached, the school district contacts the parents (or the child if the child has reached the age of majority (18 years) and rights under Part B have been transferred to the child) to determine if they are interested in participating in mediation offered through the Ohio Department of Education, Office for Exception Children (ODE/OEC)

The ODE/OEC manages a statewide special education mediation system. Mediation is available through the system without the need to request a due process hearing or file a complaint. Whenever a due process hearing is requested by the parents or the school district or a formal complaint is filed by the parents, the OEC will offer both parties the opportunity to resolve their dispute through the mediation process.
Mediation is suitable for addressing any issue regarding a child’s eligibility for services, the services provided, or the manner in which the services were provided, including the scope of the services in question.
If parents initiate the request for mediation, ODE/OEC contacts the school district to determine whether they will agree to mediation.
To avoid confusion regarding the various conflict resolution options available under the IDEA and from the ODE/OEC, when an impasse is reached the school district should refrain from using the term "mediation" to refer to any district-level process for resolving disputes.

The school district suggests that the parents review the information on mediation in Whose IDEA Is This? and also informs them that documents entitled Statewide Special Education Mediation Procedures: A Guide for Parents, School Districts and Parent Advocacy Agencies and Mediation Procedures for Special Education, A Guide for Parents are posted on the ODE Web site at http://education.ohio.gov, keyword search: mediation procedures.

The school district should offer to make a copy of this guide available to the parents and informs the parents that they may contact the ODE/OEC to obtain additional information about mediation.

Mediation must be mutual and voluntary. If both parties are interested in participating in mediation, either party may call, fax or e-mail the OEC to request mediation. Contact:

Chrissy Cline, Due Process Coordinator

Toll free: (877) 644-6338

Fax: (614) 728-1097

E-mail: chrissy.cline@ode.state.oh.us

Selecting and agreeing upon a mediator

If both parties agree to mediation, the school district and parents select a mutually agreed upon mediator from the list of three mediators provided by the ODE/OEC and then submit the mediator’s name to ODE/OEC. The ODE/OEC assigns the agreed-upon individual to serve as mediator. Mediators are impartial third parties who are trained in effective mediation techniques and who are knowledgeable in laws and regulations regarding special education and related services.

If the district and parents cannot agree upon a mediator from the list of three, they may choose from the list of mediators maintained by ODE/OEC. A list of Ohio mediators and their qualifications is posted on the ODE Web site at www.ode.state.oh.us, keyword search: mediators in ohio.
If the district and parents still are unable to reach agreement within 10 calendar days, but still wish to mediate, the ODE/OEC may appoint a mediator if both parties agree.

Whenever parents file a state-level complaint against a school district or a due process hearing is requested by either the parents or the school district, the ODE/OEC will offer to both parties the opportunity to take their dispute to mediation.

If a state complaint has been filed and the parties have agreed to mediate but are unable to reach agreement on a mediator, the ODE/OEC may appoint a mediator, if both parties agree. If the parties do not agree to ODE/OEC’s appointing a mediator, the ODE/OEC will move forward with the complaint as if the mediation was unsuccessful.
If a due process hearing has been requested and the parties are unable to reach agreement on a mediator, the ODE/OEC may appoint a mediator, if both parties agree. If the parties do not agree to ODE/OEC’s appointing a mediator, the ODE/OEC will move forward with the due process request as if the mediation was unsuccessful, unless the parties agree to waive the mediation process.

Faciliated resolution meetings

Mediators also are also available through the ODE/OEC to facilitate resolution meetings. When mediators serve in this role, they follow the rules for the resolution process described in Procedural Safeguards - 5.14 Resolution Process.

REQUIREMENT

3301-51-05
(K) Conflict Resolution
(3) Mediation
(b) Requirements (continued)

(ii) A school district of residence may establish procedures to offer to parents and schools that choose not to use the mediation process, an opportunity to meet, at a time and location convenient to the parents, with a disinterested party:

(a) Who is under contract with an appropriate alternative dispute resolution entity, or a parent training and information center or community parent resource center in the state established under Section 671 or 672 of the IDEA; and

(b) Who would explain the benefits of, and encourage the use of the mediation process to the parents.

(v) The Ohio Department of Education shall bear the cost of the mediation process, including the costs of meetings described in paragraph (K)(3)(b)(ii) of this rule.

GUIDANCE

Procedures to offer to parents and schools that choose not to use mediation

When the school or parents do not mutually agree to mediation, the school district may offer to make an impartial person available to explain the benefits of mediation and encourage participation in the mediation process.

If the school and parents agree to such a meeting, school district personnel make arrangements for a meeting by:

Scheduling the meeting at a time and location convenient to the parents; and
Making arrangements for a person to be available at the agreed-upon time. Agencies that may assist in identifying a person to explain the benefits of mediation include:
- The Ohio Coalition for the Education of Children with Disabilities, (800) 374-2806 or http://www.ocecd.org/;
- Consortium for Appropriate Dispute Resolution in Special Education (CADRE), (541) 686-5060 (voice) or http://www.directionservice.org/cadre/;
- Ohio Commission on Dispute Resolution and Conflict Management, (614) 752- 9595 or http://disputeresolution.ohio.gov/index.htm; or
- Ohio Legal Rights Services, (614) 466-7264 or (800) 282-9181 (toll-free in Ohio only) or http://olrs.ohio.gov/ASP/HomePage.asp.

The school district makes arrangements for interpreting services if the parents are hearing impaired or deaf, or if the parents’ native language is not English; assures that the meeting place is accessible; and provides other needed accommodations.

The ODE/OEC pays for costs related to this meeting.

The school district may not deny or delay the parents’ right to a due process hearing if the parents fail to participate in this meeting.

REQUIREMENT

3301-51-05
(K) Conflict Resolution
(3) Mediation
(b) Requirements (continued)

(vi) Each session in the mediation process must be scheduled in a timely manner and must be held in a location that is convenient to the parties to the dispute.

(x) No part of the mediation discussion or sessions may be electronically recorded. Discussions that occur during the mediation process must be confidential and may not be used as evidence in any subsequent due process hearing or civil proceeding of any federal court or state court of a state receiving assistance under the IDEA. The mediator may not be called as a witness in future proceedings related to the mediation sessions.

GUIDANCE

Scheduling of mediation

Once selected, the mediator contacts the parents and school district to identify a time and location for the mediation that is agreeable to all parties.

The mediator will schedule the mediation within five business days of receiving the appointment from OEC.
The mediation will be completed within 20 business days of the mediator’s scheduling the mediation session.
- Extenuating circumstances such as scheduling difficulties and the inability of the mediator to reach the parties may result in an extension of the timelines. However, it is important that mediation always be scheduled and completed as soon as possible.
- The length of the mediation process cannot be used to extend the timelines for state complaints or due process hearings, unless the ODE/OEC approves an extension in the case of state complaints or the hearing officer approves an extension in a due process request. (See requirements in Procedural Safeguards - 5.12 State Complaints and Procedural Safeguards - 5.15 Impartial Due Process Hearing).

The school district will make arrangements for a neutral site for the mediation.

The site for the mediation should have two rooms, one for the mediation session and one for a party to wait while the mediator is meeting with the other party (caucus).
A copier must be available to ensure that copies of any signed agreement can be made for all parties.

The school district makes arrangements for interpreting services if the parents are hearing impaired or deaf, or if the parents’ native language is not English, or any other accommodations (e.g., wheelchair access) that are needed by individuals who will participate in the mediation.

The school district and parents each determine whom they want to include in the mediation. The parties do not need to agree on the individuals who will participate. Typically, the number of participants is kept to a minimum. The district should give consideration to including:

A school district administrator;
A representative of the school district that has the authority to commit resources (this could be the school administrator);
The person in the district responsible for special education services (e.g., a special education director or coordinator or a pupil personnel director);
Anyone else who may have unique information regarding the student (e.g., teacher, related services provider, doctor, psychologist);
- Parents may choose to have the child with a disability who is the subject of the mediation process present for all or part of the mediation, at their discretion. The appropriateness of a child’s attendance generally depends on the age and maturity of the child. Because transition planning and transition services are designed to take into account the student’s preferences and interests, it is appropriate for a student with a disability receiving these services to attend and to participate in the mediation process (OSEP Letter to Chief State School Officers).
The school district's attorney. Parent and school district attorneys may participate in the mediation.

The school district and the parents may inform the mediator of who will attend the mediation. The school district and parents may want to ask the mediator to identify the potential participants. This may avoid an issue when the individuals arrive at the mediation. Mediation is voluntary, and either party has the right not to participate in the mediation process for any reason, including dissatisfaction with the participants slated to be in attendance.

The school district and parents should prepare for the mediation by:

Identifying the issues to be discussed;
Organizing documents and making three copies of each (one for the district, one for the parents and one for the mediator);
Anticipating questions the other party may ask; and
Considering possible solutions to the problem.
Special Education Mediation: A Guide for Parents, The Alliance and CADRE.

The school district should send a representative who has the authority to commit resources to the mediation.

The parties involved in the mediation will sign an Agreement to Mediate form indicating that they have been fully informed of the mediation process and agree to abide by the procedures and guidelines governing the process.

REQUIREMENT

3301-51-05
(K) Conflict Resolution
(3) Mediation
(b) Requirements (continued)

(vii) If the parties resolve a dispute through the mediation process, the parties must execute a legally-binding agreement that sets forth that resolution and that:

(a) States that all discussions that occurred during the mediation process will remain confidential and may not be used as evidence in any subsequent due process hearing or civil proceeding; and

(b) Is signed by both the parent and a representative of the school district who has the authority to bind such school district.

(viii) A written, signed mediation agreement under this paragraph is enforceable in any state court of competent jurisdiction or in a district court of the United States.

GUIDANCE

Executing a legally-binding agreement

Parties to the mediation process are required to sign a confidentiality pledge, included in the Agreement to Mediate form, before the process begins. Because discussions that occurred during mediation must remain confidential, they may not be used in any subsequent due process hearings or civil proceedings.

The parents and the school district representatives jointly develop the written agreement, with the assistance of the mediator.

If the subject of the mediation is a state complaint or a due process request and all the pending issues are resolved, the written agreement includes a statement indicating that the complaint or the due process request is withdrawn.
The school district representative and the parents sign a Due Process and/or Complaint Withdrawal Form and submit it to the ODE/OEC.

In the case of a due process hearing request in which a due process hearing officer has been appointed, the school district submits a copy of the Due Process and/or Complaint Withdrawal Form to the hearing officer and to the ODE/OEC.

In the case of a state complaint, the school district forwards the Due Process and/or Complaint Withdrawal Form to the Mediation Coordinator at ODE/OEC.

The school district and parents proceed to implement the agreement.

If the parents or the school district feel the other party is violating the mediation agreement, the dissatisfied party may request that a state court of competent jurisdiction or district court of the United States enforce the agreement. A mediation agreement cannot be enforced by filing a state complaint or a due process complaint.

If the parties do not reach an agreement and the subject of the mediation is a state complaint or a due process request, the parties proceed with the complaint investigation or the due process hearing.

REQUIREMENT

3301-51-05
(K) Conflict Resolution
(3) Mediation
(b) Requirements (continued)

(ix) If the mediation requires changes in the IEP, the IEP team shall be convened to incorporate changes into the IEP within twenty school days following the mediation agreement or as agreed to in the mediation agreement.

(v) The Ohio Department of Education shall bear the cost of the mediation process including the cost of meetings described in paragraph (K)(3)(b)(ii) of this rule.

GUIDANCE

Incorporating mediation changes in the IEP

The IEP team meets within twenty school days following the mediation agreement or as agreed to in the mediation agreement and revises the IEP to reflect the terms set forth in the written agreement. The revised IEP is implemented immediately following the IEP meeting.

Costs of mediation

The ODE/OEC will pay for the mediation (compensation for the mediator) and related costs such as non-English- language interpreters and interpreters for the hearing impaired.

If the parents are represented by an attorney during the mediation session, the school district is not responsible for paying the parents’ attorney fees unless stated as part of the mediation agreement (Whose IDEA Is This? page 32, June 14, 2010).

5_-_procedural_safeguards:5-13:references

kschindler — Wed, 30 Jun 2010 14:36:50 -0400

LEGAL CITATIONS:

Federal Statutes:
20 U.S.C. 1415(b)(6) and (k)(3)

Federal Regulations:
34 CFR §300.507-509

Ohio Revised Code: (Policies)
ORC 3323.05(G)(1)

Operating Standards:
3301-51-05(K)(7)
3301-51-05(K)(10)(c) and (f)(i)and(ii)

FORMS (* = required)