Chapter 3: Child Find

    3.1 General - 3301-51-03(A)

    3.2 Responsibilities in Locating Children with Disabilities - 3301-51-03 (A) and (B)

    3.3 Disproportionality - 3301-51-03(C)

    3.4 Transition from Early Intervention to Preschool Special Education - 3301-51-11(D)

    3.1 Child Find

    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 who report that schools facilitated parent involvement as a means of improving services and results for children with disabilities. (20.U.S.C. 1416 (a)(3)(A))
    SPP 9:
    Percent of districts with disproportionate representation of racial and ethnic groups in special education and related services that is the result of inappropriate identification. (20.U.S.C. 1416 (a)(3)(C))
    SPP 10:
    Percent of districts with disproportionate representation of racial and ethnic groups in specific disability categories that is the result of inappropriate identification. (20.U.S.C. 1416 (a)(3)(C))
    SPP 11:
    Percent of children with parental consent to evaluate, who are evaluated within 60 days (or state established timeline). (20.U.S.C. 1416 (a)(3)(B))
    SPP 12:
    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 third birthdays. (20.U.S.C. 1416 (a)(3)(B))

    Intent:

    To provide a framework in which school districts (LEAs) identify, locate and evaluate all children with disabilities, birth through age 21, who are in need of early intervention or special education services. From birth through 2, services are provided by Help Me Grow. Beginning at age 3, services are provided by the local education agency.

    REQUIREMENT

    3301-51-03
    Child find

    (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 that all children with disabilities residing within the district, including children with disabilities who are homeless children or are wards of the state, and children with disabilities attending nonpublic schools, regardless of the severity of their disability, and who are in need of special education and related services are identified, located, and evaluated as required by the Individuals with Disabilities Education Act, as amended by the Individuals with Disabilities Education Improvement Act of 2004, December 2004 (IDEA) and federal regulations at 34 C.F.R. Part 300 (October 13, 2006) pertaining to child find, including the regulations at 34 C.F.R. 300.111 and 300.646(October 13, 2006) and as required by the provisions of this rule.

    GUIDANCE

    Child Find

    Local school districts, including community schools, develop and approve policies and procedures or adopt those of the state to ensure requirements are in place to identify, locate and evaluate all children with disabilities, regardless of their situations, who have significant, individual needs and require intensive interventions through special education and related services. (Reference:A Comprehensive System of Learning Supports Guidelines)

    Children who are not identified to receive intensive intervention through special education and related services, but who are performing below grade-level standards, will receive targeted instruction and support interventions outlined in Rule 3301-35-06 of the Administrative Code. These may involve school and/or community-based resources. These resources may include health and social services, short- and long-term counseling, case management, juvenile justice, drug and alcohol treatment, shelter, early childhood programs, faith-based resources, truancy programs, social skills program, school counseling, supplemental services, after-school programs and other summer programs. All interventions are research-based or evidence-based.

    The local district will develop and implement an effective and practical system for identifying and assuring that all children within the local school district who are receiving special education and related services are accurately accounted for, based on the reporting needs of the state.

    For preschool, districts can address interventions through general programming that may be an early learning initiative or early childhood education (formerly public preschool) partnership or collaboration with community early learning providers.

     

    3.2 Responsibilities in Locating Children with Disabilities

    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 who report that schools facilitated parent involvement as a means of improving services and results for children with disabilities. (20.U.S.C. 1416 (a)(3)(A))
    SPP 9:
    Percent of districts with disproportionate representation of racial and ethnic groups in special education and related services that is the result of inappropriate identification. (20.U.S.C. 1416 (a)(3)(C))
    SPP 10:
    Percent of districts with disproportionate representation of racial and ethnic groups in specific disability categories that is the result of inappropriate identification. (20.U.S.C. 1416 (a)(3)(C))
    SPP 11:
    Percent of children with parental consent to evaluate, who are evaluated within 60 days (or state established timeline). (20.U.S.C. 1416 (a)(3)(B))
    SPP 12:
    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 third birthdays. (20.U.S.C. 1416 (a)(3)(B))

    Intent:

    To ensure procedures are in place that address the identification, location and evaluation of all children with disabilities who reside within the school district (LEA).

    Timelines:

    Annually

    • The school district will collaborate with community agencies at least annually.
    • Staff training will be conducted by the school district as necessary, but at least annually.

    As Necessary

    • Policies and procedures will be reviewed and revised as data or need require.

    Ongoing

    • Transition from Help Me Grow

    REQUIREMENT

    3301-51-03
    Child find

    (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 that all children with disabilities residing within the district, including children with disabilities who are homeless children or are wards of the state, and children with disabilities attending nonpublic schools, regardless of the severity of their disability, and who are in need of special education and related services are identified, located, and evaluated as required by the Individuals with Disabilities Education Act, as amended by the Individuals with Disabilities Education Improvement Act of 2004, December 2004 (IDEA) and federal regulations at 34 C.F.R. Part 300 (October 13, 2006) pertaining to child find, including the regulations at 34 C.F.R. 300.111 and 300.646 (October 13, 2006) and as required by the provisions of this rule.


    (B) Child find
    (1) General

    The child find policies and procedures that each school district adopts and implements under this rule shall ensure that:

    (a) All children with disabilities residing in the state, including children with disabilities who are homeless children or are wards of the state, and children with disabilities attending nonpublic schools, regardless of the severity of their disability, and who are in need of special education and related services are identified, located, and evaluated; and
    (b) A practical method is developed and implemented to determine which children are currently receiving needed special education and related services.

    GUIDANCE

    General

    The school district (including community or chartered nonpublic schools) adopts and implements written policies and procedures that provide for the location, evaluation and identification of all children with disabilities residing in the district. These written policies and procedures will include disseminating information, at regular intervals, about referring a child for a suspected disability to every household in the district. This dissemination of information at regular intervals will include ads taken out in local newspapers as well as agreements in place with agencies such as Help Me Grow and MR/DD to assist in Child Find. Policies and procedures should address the district's relationship with community early learning providers as well.

    Some children are particularly difficult to locate. Special care is taken to identify ways of locating children who move frequently, who have no permanent address, whose parents cannot be located, whom the courts have placed in state custody or detention or prison centers, who are in a home-school program or in nonpublic chartered or nonchartered schools or who may be progressing in school but may be in need of special education and related services.

    For children who move into the district with an incomplete evaluation, the local district will immediately contact the sending district to obtain information it had collected. The receiving district reviews the material and determines if any further information is necessary. If the district elects to use the existing data, the process continues. If further additional information is needed, the district obtains parental permission, creates an evaluation plan with the parents’ input and proceeds. (See Evaluation - 6.4 Planning and Conducting the Evaluation)

    Collaboration

    • The school district should designate the special education director or other person knowledgeable about special education laws and practices to convene community meetings, and the district tmay appoint an advisory board that includes representatives of community agencies that have mechanisms to locate children with disabilities.
    • The school district representative should meet and collaborate fully with community agencies, churches, school staff, organizations, hospitals, private schools, individuals, nonpublic/nonchartered schools, preschools and childcare agencies to plan, locate and disseminate information regarding referrals of children who have or are suspected of having a disability and may require special education and related services. Included in the information disseminated are:
      • The disabilities that may qualify as disabling conditions, such as cognitive disability (mental retardation), hearing impairment (including deafness), speech or language impairment, visual impairment, serious emotional disturbance, orthopedic impairment, autism, traumatic brain injury, other health impairment, specific learning disability, deaf- blindness or multiple disabilities;
      • The educational needs of children with disabilities;
      • The purpose of the identification activities and description of the children on whom data will be maintained;
      • The rights of children with disabilities and their parents;
      • The services available to children with disabilities;
      • Confidentiality protections;
      • The types of data sought, the methods and sources used in gathering data, and the use to be made of the data; and
      • A summary of the policies and procedures to be followed regarding the storage, disclosure, retention and destruction of all personally identifiable data.
    • The school district should ensure that those community members and parents who do not easily understand English are provided with outreach activities in a way that allows them informed access to the process. This may include interpreters and materials in the parents' native language or other mode of communication.
    • The school district should provide staff training and written information to public schools in the district concerning the differentiated referral and identification processes. Training meetings should be held by the district to disseminate information concerning the referral and identification processes and the roles of various personnel. It is the responsibility of the district to assure that the special education teaching staffs are highly qualified and that support staffs have complied with the qualification requirements.
    • The name, position and contact methods of the school district special education representative should be made available.

    Referral procedural steps

    (See Evaluation - 6.2 Request and Referral for Initial Evaluation and Preschool - 10.1 Eligibility)

    The school district should prepare and adopt clearly written screening and referral procedures for children suspected of having a disability and make those procedures accessible to community agencies and individuals.

    • The school district works with Help Me Grow regarding Child Find birth - 2 and focuses on children age 2 who will become the district's responsibility at age 3.
    • The school district notifies parents and should provide information to child-care agencies, physicians, Help Me Grow, preschools and other agencies serving children ages birth - 21 about the procedures necessary for screening and referral. The Ohio Department of Education, Office for Exceptional Children (ODE/OEC) recommends that school districts provide notification to homeless shelters and child protective services agencies, to increase the likelihood that eligible children are identified and to encourage compliance with the state and federal requirement that districts identify children who are difficult to locate, such as homeless children and children who are wards of the state.
    • The school district conducts screenings that are developmentally appropriate for children ages birth through 21 as necessary. Consent is not needed if all children are being screened (using the three-tier model); otherwise, informed and signed parent permission is needed. (Generally, older children would have been referred for screenings and high quality, scientifically based interventions or evaluations sometime during elementary or early middle school. Careful review of the child’s records provides information on the types and quality of interventions and instruction that may have been in place.)
    • Screenings should include vision, hearing, general health and background information. Depending on the age of the child, play-based or classroom observations, speech/language issues and motor and social interactions should be recorded by trained individuals. For preschool, the recording must take place in at least two settings and in multiple activities.
    • Interviews, consultations, referral from other sources, assessments (such as curriculum-based) and other appropriate classroom-based measures can be used to determine interventions.
    • The school district should provide and explain the results of the screenings to children, parents and staff.
    • Children whose screening results indicate a suspected disability are referred for evaluations covering areas of suggested disability.
    • Young children whose screening results are questionable should be given an opportunity for re-screening at a later date, but suggestions should be made available to parents of preschool-age children.
    • The referral process may be started by anyone who has direct knowledge about the child, such as school personnel, parents, children, outside agency personnel, physicians or others.
    • The school district, other public agency or the parents are the only ones that may make a formal referral of a child for an evaluation for a suspected disability under IDEA.
    • The parents,school district or other public agency completes the Referral for Evaluation PR-04 form.
    • The school district provides the parents with Prior Written Notice to Parents PR-01 form within 30 days of referral,either agreeing or refusing to conduct an evaluation.(See Procedural Safeguards 5.1 - Prior Written Notice).For a parental referral, the date of the referral is the date that the district received either the verbal or written request from the parents to conduct an evaluation. For a district referral, the date of referral is the date that the screening or review team determines that an evaluation should be conducted.
    • If the school district suspects the child has a disability and agrees to conduct an evaluation, the district requests permission to evaluate the child and obtains the parents’ consent on the Parent Consent for Evaluation PR-04 form within 30 days of the date of the initial referral. Once written parental consent is received, the school district conducts the evaluation within 60 days. *Leap year will affect the 60-day timeline calculation. It is important to count the actual days, especially if one of the 60 days is February 29.

    For assistance in calculating the 60-day timeline, refer to Child Find Clarification Related to Calculating 60 Days, Ohio Department of Education, Office for Exceptional Children.

    Data reporting with all children including nonpublic children

    To determine which children are currently receiving needed special education and related services, the school district shall maintain current, accurate lists of all children receiving special education and related services using the Education Management Information System (EMIS) or other district data lists and verification procedures. This includes children in private schools. The list should be distributed to building administrators, any teacher (regular and special educators), nursing staff and therapists who will be serving the children.

    (At least three times per year, October, December, and the spring, EMIS or when other district data lists are generated and distributed to building administrators and special education staff to verify the information. Corrections are sent to the district special education office for verification and then reported to the EMIS coordinator.)

    REQUIREMENT

    3301-51-03
    (B) Child find
    (2) Use of the term developmental delay (See Preschool - 10.4 Transition from Early Intervention)
    The following provisions apply with respect to implementing the child find requirements of this rule:

    (a) The Ohio Department of Education has adopted in rule 3301-51-11 of the Administrative Code a definition of the term "developmental delay" under 34 C.F.R. 300.8(b) (October 13, 2006) and under that section has determined in rule 3301-51-01 of the Administrative Code that the term applies to children aged three through five years;
    (b) A school district is not required to adopt and use the term developmental delay for any children within its jurisdiction;
    (c) If a school district uses the term developmental delay for children described in rule 3301-51-01 of the Administrative Code as experiencing developmental delays, the school district must conform to both the state’s definition of the term in rule 3301-51-11 of the Administrative Code and to the age range of three through five years of age which is the age range subset that has been adopted by the Ohio Department of Education in rule 3301-51-01 of the Administrative Code.

    GUIDANCE

    Use of the term "developmental delay"

    A school district has the choice of whether to adopt and use the term "developmental delay." If a school district uses the term "developmental delay," the district must use the state’s definition of the term and apply the term only for children 3 through 5 years of age. Using the appropriate diagnostic instruments and procedures, personnel assess that the child has a "developmental delay" in one or more of the following areas: physical development; cognitive development; communication development; social or emotional development; or adaptive development. Physical development includes, but is not limited to, gross and fine motor skills. The district should provide adequate staff to perform the necessary evaluations as needed, including during summer months. See Child Find - 3.1 General and Preschool - 10.1 Eligibility.

     

    3.3 Disproportionality

    State Performance Plan (SPP):

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

    SPP 9:
    Percent of districts with disproportionate representation of racial and ethnic groups in special education and related services that is the result of inappropriate identification. (20.U.S.C. 1416 (a)(3)(A))
    SPP 10:
    Percent of districts with disproportionate representation of racial and ethic groups in specific disability categories that is a result of inappropriate identification. (20.U.S.C. 1416 (a)(3)(A))

    Intent:

    To eliminate significant disproportionate representation in the identification, placement and discipline of children with disabilities within racial/ethnic groups through the use of early intervening services, high quality regular education and appropriate policies, procedures and practices.

    Timelines:

    • Data submitted according to Ohio Department of Education (ODE) requirements annually.
    • ODE annually notifies local educational agency (LEA) of findings of significant disproportionate representation in identification, placement and discipline.
    • LEA may appeal representation finding if there are mitigating circumstances supported by data.
    • LEA with significant disproportionate representation required to redirect 15 percent of Part B-IDEA funds to early intervening in annual CCIP consolidated funding application.
    • Policy, procedures and practices reviewed annually by LEA with significant disproportionate representation in identification or placement.

    REQUIREMENT

    3301-51-03
    (C) Disproportionality
    (1) General
    The Ohio Department of Education and each school district must provide for the collection and examination of data to determine if signigicant disproportionality based on race and ethnicity is occurring in the state and the school districts of the state with respect to:

    (a) The identification of children as children with idsabilities, including fthe identification of children as children with disabilities in accordance with a particular impairment described in the definition of "child with a disability" in paragraph (B)(10) of rule 3301-51-01 of the Administrative Code;
    (b) The placement in particular education settings of these children; and
    (c) The incidence, duration, and type of disciplinary actions, including suspensions and expulsions.

    GUIDANCE

    Reducing or Eliminating Significant Disproportionality Based on Race and Ethnicity for Children Participating in Special Education and Related Services

    Prevention Strategies

    The school district develops policies, procedures and practices that reduce or eliminate the possibility of racial or ethnic over-representation in the identification of children with disabilities according to a particular impairment described in the definition of "child with a disability" as stated in 3301-51-01(B)(10) of the Operating Standards. Impairments include a cognitive disability (mental retardation), hearing loss (including deafness), speech or language impairment, visual impairment (including blindness), serious emotional disturbance, orthopedic impairment, autism, traumatic brain injury, other health impairment, specific learning disability, deaf-blindness or multiple disabilities that call for special education and related services;

    The school district trains its staff in topics such as the effective use of problem solving; scientifically-based interventions; data collection and interpretation; and diverse instructional and behavior management strategies including positive behavioral strategies and interventions;

    Staff members work together in developing and maintaining an environment that demonstrates a collaborative responsibility for all children, enabling them to develop and learn to their fullest potential;

    The school district works with staff, families and the community to provide early intervening strategies; and

    Professional development results in staff recognizing that limited English proficiency; environmental, cultural or economic disadvantage; or lack of instruction in math and/or reading do not constitute a disability.

    REQUIREMENT

    3301-51-03
    Disproportionality
    (2) Review of policies, practices, and procedures
    In the case of a determination of significant disproportionality with respect to the identification of children as children with disabilities, or the placement in particular educational settings of these children, in accordance with paragraph (C)(1) of this rule, the Ohio Department of Education must:

    (a) Provide for the review and, if appropriate, revision of the policies, procedures, and practices used in the identification or placement to ensure that the policies, procedures, and practices comply with the requirements of IDEA.
    (b) Require any school district identified in paragraph (C)(1) of this rule to reserve the maximum amount of funds under Section 613(f) of the IDEA to provide comprehensive coordinated early intervening services to serve children in the school district, particularly, but not exclusively, children in those groups that were significantly over-identified under paragraph (C)(1) of this rule; and
    (c) Require the school district to publicly report on the revision of policies, practices, and procedures described under paragraph (C)(2)(a) of this rule.

    GUIDANCE

    Review and revision of policies, practices, and procedures regarding disproportionality

    ODE reviews data and advises districts if their data show a disproportionality in the identification of children with disabilities or the placement of such children in particular educational settings.

    If a disproportionality exists, the school district reviews its policies and procedures for identification of children with disabilities and revises those policies and procedures to comply with the requirements to correct the disproportionality thus avoiding improperly classifying or misidentifying a child, which can result in a more restrictive placement than the child's disability requires.

    • The district publicly reports on the changes it has made to its policies and procedures to comply with the requirements of IDEA.
    • The district reserves funds for early intervening services. (Not to be confused with early intervention for those children birth to three.)
    • The district reviews the intervention documentation and the identifying data to pinpoint any weakness in the intervention processes.
    • The district determines if early intervening services are needed.
    • The district develops and implements the early intervening services.
    • The district monitors data and makes changes as necessary based on the data.

    The district monitors to assure intervening services are conducted appropriately.

     

    3.4 Transition from Early Intervention to Preschool Special Education

    State Performance Plan (SPP):

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

    SPP 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))
    SPP 12:
    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 third birthdays. (20.U.S.C. 1416 (a)(3)(B))

    Intent:

    To provide guidelines for school districts (LEAs) and other agencies for transitioning children age 3 into preschool special education.

    Timelines:

    • The preschool transition conference is scheduled by the Part C service coordinator and should occur at least 90 days, but not more than nine months, prior to the child's third birthday.
    • The district must complete the evaluation process within 60 days of parents' consent and have an IEP implemented by the child’s third birthday. To have an IEP implemented by the third birthday, timelines may be less than the maximum of 60 days.

    REQUIREMENT

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

    (1) If invited by a representative of the Part C system, a school district representative shall attend a conference to discuss transition from early intervention services to preschool for a child suspected of having a disability. This conference may occur up to nine months before a child's third birthday. The school district shall document participation in the conference.
    (2) At the parent's request, the school district shall invite the Part C service coordinator to the initial IEP meeting.
    (3) If there is a suspected disability and the child is eligible for special education and related services as a preschool child, the school district shall work with the family to ensure an IEP is in place and implemented by the child's third birthday. The dates for the initiation and duration of services shall be determined by the evaluation team or the IEP team and other qualified professionals.

    GUIDANCE

    Transition from Part C early intervention

    The school and Help Me Grow (HMG) are required to have an interagency agreement that spells out how the agencies will address the needs of children transitioning from HMG to preschool special education. This agreement should address suspected disability, referrals and providing information to families in relationship to Child Find. Other agencies, such as Head Start and MR/DD, may be involved with the agreement since these entities may also be HMG service providers and have a stake in Child Find.

    The early intervention coordinator notifies the school district representative and sets a meeting with the family to review the evaluation process, eligibility requirements and program. The school district participates in transition planning conferences arranged by the child’s service coordinator, with the approval of the child’s family. The parents receive information about the preschool program and the process, if the child is suspected of having a disability and the parents agree to include the district in the conference. If a disability is not suspected, the parents are provided a Prior Written Notice PR-01 form. If a disability is suspected, the timeline for parental consent and parents' rights is determined.

    To determine if a disability is suspected, the district, parents and HMG involved in the preschool transition conference review the data from the HMG program. Additional information may be needed if a disability is suspected. The district may choose to use additional screenings or complete the evaluation process, based upon the data available.

    • Parents' permission is obtained for any further evaluation that is necessary (the Parent Consent for Evaluation PR-05 form) and parents are provided with a copy of Whose IDEA Is This?)
    • A team meeting, with the parents, is held to review additional findings from any new evaluations that were completed. The district will provide the parents a Prior Written Notice PR-01 form, or and IEP if the child is eligible for preschool services as a child with a disability. (See Evaluation, Section 6.)

    Preschool without Part C

    • A signed referral from the parents or a public agency is made to the district special education department.
    • The parents complete the referral packet.
    • The referral is reviewed by the preschool coordinator.
    • The coordinator interviews the parents and arranges to get information that may be available regarding services provided to the child as an infant or toddler. General health information is collected. The coordinator may schedule a screening date and time that is convenient for parents and staff. The staff conducts observations, informal assessments and possibly play-based or criterion-referenced assessments while the child is engaged in a variety of activities.
    • The team reviews findings with parents.
    • A determination is made about further evaluation. If further evaluation is necessary, all required methodologies are addressed as well as all domains assessed,
    • A team meeting is held to determine eligibility. An Individualized Education Program (IEP) is written if the child is determined to be a child with a disability.

    (See Preschool - 10.4 Transition from Part C Early Intervention)

    REQUIREMENT

    3301-51-11
    (C) Eligibility:
    Each school district of residence must conduct a full and individual evaluation in accordance with rule 3301-51-06 of the Administrative Code before the initial provision of special education and related services to a preschool child with a disability residing in the district.

    (1) Sufficient information shall be obtained using a variety of information sources to confirm that a disability exists.
    No single source of information shall be used to determine if a preschool child is eligible or not eligible for special education and related services. Eligibility for special education and related services as a preschool child shall be determined on the basis of multiple sources of information, including, but not limited to:
    (a) Information from Part C for children transitioning from early intervention services;
    (b) Structured observations in more than one setting and in multiple activities;
    (c) Information provided by the parent or caregiver; and
    (d) Criterion-referenced and norm-referenced evaluations.
    (2) Based on the variety of sources of information listed in paragraphs (C)(1)(a) to (C)(1)(d) of this rule, a group of qualified professionals and the parent of the child shall determine if the child has a disability and is eligible for special education and related services as a preschool child with a disability.
    (3) The following developmental areas must be assessed with at least one source of information listed in paragraphs (C)(1)(a) to (C)(1)(d) of this rule:
    (a) Adaptive behavior;
    (b) Cognition;
    (c) Communication;
    (d) Hearing;
    (e) Vision;
    (f) Sensory/Motor functioning;
    (g) Social-emotional functioning;
    (h) Behavioral functioning.
    (4) A school district must ensure that sufficient resources are available to conduct evaluations during the summer months.
    (5) A preschool child with a disability is a child who has one of the following disabilities, as defined in rule 3301-51-01 of the Administrative Code, based upon the evidence required in paragraph (C)(1) to (C)(3) of this rule, and who, by reason thereof, needs special education and related services:

    3301-51-11
    (C) Eligibility

    (5)
    (a) Autism;
    (b) Cognitive disability;
    (c) Deaf-blindness;
    (d) Deafness;
    (e) Emotional disturbance;
    (f) Hearing impairment;
    (g) Multiple disabilities;
    (h) Orthopedic impairment;
    (i) Other health impairment;
    (j) Specific learning impairment;
    (k) Speech or language impairment;
    (l) Traumatic brain injury;
    (m) Visual impairment; or
    (n) Developmental delay, as defined in paragraph (C)(6) of this rule.
    (6)
    A school district may choose to use the term "developmental delay" under the following conditions for children ages three through five who are experiencing developmental delays and who, by reason thereof, need special education and related services:
    (a) The applicability of the term shall be based upon the individual needs of the child as determined by the evaluation team or the IEP team and other qualified professionals;
    (b) In addition to the assessments required in paragraph (C)(1) of this rule, results of appropriate diagnostic instruments and procedures may also be used to help make the determination that a child has a "developmental delay." A developmental delay may be substantiated by a delay of two standard deviations below the mean in one or more of the areas of development or 1.5 standard deviations below the mean in two or more of the areas of development listed in paragraphs (C)(6)(b)(i) to (C)(6)(b)(v) of this rule. The results shall not be used as the sole factor in making the determination that a child has a developmental delay.
    "Developmental delay" means a child of three to five years who is experiencing a delay as determined by an evaluation team, IEP team, and other qualified professionals in one or more of the following areas of development:
    (i) Physical development;
    (ii) Cognitive development;
    (iii) Communication development;
    (iv) Social or emotional development; or
    (v) Adaptive development.

    3301-51-11
    (C) Eligibility

    (6)(c) The term "developmental delay" may be used only after considering the applicability of the categories provided in paragraphs (C)(5)(a) to (C)(5)(m) of this rule; and
    (d) The term "developmental delay" may be used in place of the following disability categories:
    (i) Cognitive disability;
    (ii) Emotional disturbance;
    (iii) Speech or language impairment.
    (A child with a developmental delay that requires special education and related services may be determined in accordance with this rule to be a child with a disability.)

    GUIDANCE

    Eligibility

    The evaluation team (IEP team members including the parents and other appropriate professionals) reviews the information collected from the early intervention providers, the parents and the professionals involved in the screening process and determines what evaluations are to be conducted. Permission is obtained (the Parent Consent for Evaluation PR-05 form) from the parents to conduct the evaluations. The team determines a time, date and location for the evaluations, and the child is evaluated by the professionals. The team then holds a meeting to review the findings and the criteria for the disability, and a determination is made regarding whether the child qualifies for preschool services as a child with a disability in need of special education and related services. (See Preschool - 10.1 Eligibility)

    Use of the term "developmental delay"

    The school district should determine in its policies and procedures whether it uses the term "developmental delay" for preschool children who are identified as having disabilities and are in need of special education and related services. If a school district uses the term "developmental delay," the district must use the state’s definition of the term and apply the term only for children 3 through 5 years of age. Using the appropriate diagnostic instruments and procedures, personnel assess that the child has a "developmental delay" in one or more of the following areas: physical development; cognitive development; communication development; social or emotional development or adaptive development. The district should provide adequate staff to perform the necessary evaluations.

     

Last Modified: 7/10/2013 11:12:58 AM