Chapter 7: Individualized Education Program (IEP)

    3301-51-07

    7.1 General - 3301-51-07(A-C)

    7.2 Identification of IEP Team Member and Their Roles - 3301-51-07(I)

    7.3 IEP Planning Process

    7.4 Development of IEP - 3301-51-07(H)(1)and (2); 3301-51-07(L)(1-3)

    7.5 Special Instructional Factors - 3301-51-07(L)(1)(b)(i-v)

    7.6 Postsecondary Transition Services - 3301-51-07(H)(2)(a)and (b)

    7.1 Individualized Education Program

    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.
    • 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 board of development disabilities (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 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 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, 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, i.e.,the district where the child's biological or adoptive parents reside or were last known to reside, if their whereabouts are unknown, 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.
    • The district of residence is responsible for ensuring that a free appropriate public education (FAPE) is provided to all children open enrolled in another district. The district of residence must find the child, evaluate, determine eligibility and develop the IEP. The open enrollment district implements the IEP and bills back excess cost to the district of residence. The district of residence is also responsible for all reevaluations and IEPS for as long as the child remains open enrolled in another district. However, the district where the child is open enrolled may complete the ETR and the IEP if both the open enrollment district and the child’s district of residence agree.
    • 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. IEPs are effective for one year, minus one day. For example, if an IEP was developed on April 1, 2009, the last effective date of the IEP is March 31, 2010. Evaluation team reports are effective for three years minus one day. If an evaluation team report (ETR) was completed on April 1, 2009, the last effective date of the ETR is March 31, 2010 and the ETR must be completed by March 31, 2010. Leap year does not affect the calculation of these dates. Leap year only affects the 60-day timeline between consent and the evaluation team report. See Child Find - 3.2 Responsibilities in Locating Children with Disabilities.)

    For further assistance in determining the responsibilities of each district when serving children with disabilities placed out of district by another entity, refer to 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 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.

    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.

    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.

    The Ohio school district must take reasonable steps to promptly obtain a 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 public school in which the child was previously enrolled. If after taking steps to promptly obtain the records and the Ohio school district is not able to obtain the IEP from the child’s previous school or from the parents, the Ohio school district is not required to provide special education and related services to the child.

    If the Ohio school district decides that an evaluation is necessary because it has reason to suspect that the child has a disability and both the school district and the parents agree, the Ohio school district may provide special education and related services to the child while the evaluation is pending . However, if the child receives special education services while the evaluation is pending, the school district must conduct the evaluation, which is considered to be an initial evaluation, within 60 days of receiving parental consent. (Questions and Answers on Individualized Education Programs (IEPs), Evaluations, and Reevaluations, OSEP, June 2010, Excerpt from Response).

    If the Ohio school district conducts an evaluation and determines that the child has a disability and needs special education and related services, the school district must develop and implement an IEP in accordance with the required timelines. See “Timelines” above.

    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.

    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.

    (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.

    GUIDANCE

    Related Services

    Transportation as a related service

    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
    (c) Vocational Education.

    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.

     

    7.2 Identification of IEP Team members and Their Roles

    State Performance Plan (SPP):

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

    SPP 8:
    Parent involvement:
    Percent of parents with a child receiving special education services who report that schools facilitated parent involvement as a means of improving services and results for children with disabilities. (20.U.S.C. 1416 (a)(3)(A))

    Intent:

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

    Timelines:

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

    REQUIREMENT

    3301-51-01
    (B) Definitions
    The following terms are defined as they are used in rules 3301-51-01 to 3301-51-09 and 3301-51-11 of the Administrative Code:

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

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

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

    (a) A foster child;
    (b) A ward of the state; or
    (c) In the custody of a public child welfare agency

    3301-51-07
    (H) Definition of individualized education program
    (1) General
    As used in this rule, the term “individualized education program” or "IEP" means a written statement for a child with a disability that is developed, reviewed, and revised in a meeting in accordance with paragraphs (H) to (L) of this rule.

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

    (a) The parents of the child;
    (b) Not less than one regular education teacher of the child (if the child is, or may be, participating in the regular education environment);
    (c) Not less than one special education teacher of the child or, where appropriate, not less than one special education provider of the child;
    (d) A representative of the school district who:
    (i) Is qualified to provide, or supervise the provision of, specially-designed instruction to meet the unique needs of children with disabilities;
    (ii) Is knowledgeable about the general education curriculum; and
    (iii) Is knowledgeable about the availability of resources of the school district;
    (e) An individual who can interpret the instructional implications of the evaluation results, who may be a member of the team described in paragraphs (I)(1)(b) to (I)(1)(f) of this rule.
    (f) At the discretion of the parent or the school district, other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate; and
    (g) Whenever appropriate, the child with a disability.

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

    (a) In accordance with paragraph (I)(1)(g) of this rule, the school district must invite the child with a disability to attend the child's IEP team meeting if a purpose of the meeting will be the consideration of the postsecondary goals for the child and the transition services needed to assist the child in reaching those goals under paragraph (H)(2) of this rule.
    (b) If the child does not attend the IEP team meeting, the school district must take other steps to ensure that the child’s preferences and interests are considered.
    (c) To the extent appropriate, with the consent of the parents or a child who has reached the age of majority, in implementing the requirements of paragraph (I)(2) of this rule, the school district must invite a representative of any participating agency that is likely to be responsible for providing or paying for transition services.

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

    (1) If invited by a representative of the Part C system, a school district representative shall attend a conference to discuss transition from early intervention services to preschool for a child suspected of having a disability. This conference may occur up to nine months before a child’s third birthday. The school district shall document participation in the conference.
    (2) At the parent's request, the school district shall invite the Part C service coordinator to the initial IEP meeting.
    (3) If there is a suspected disability and the child is eligible for special education and related services as a preschool child, the school district shall work with the family to ensure an IEP is in place and implemented by the child's third birthday. The dates for the initiation and duration of services shall be determined by the evaluation team or the IEP team and other qualified professionals.
    (4) A school district must consider extended school year services as part of the IEP process for children transitioning from Part C services. Based upon the data available from the Part C system, the evaluation team or the IEP team and other qualified professionals shall determine if extended school year services are required as outlined in paragraph (G) of rule 3301-51-02 of the Administrative Code.
    (5) A school district determined by the Ohio Department of Education to be noncompliant with the transition timeline to have an IEP in place by an eligible child's third birthday:
    (a) Shall develop a corrective action plan in addition to the interagency agreement. The corrective action plan must include the signature of a representative of the family and children first council responsible for "Help Me Grow" Part C services; and
    (b) May have funds reduced or terminated by the Ohio Department of Education.

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

    (i) Appropriate positive behavioral interventions and supports and other strategies for the child; and
    (ii) Supplementary aids and services, program modifications, and support for school personnel.

    GUIDANCE

    Who are the members of the IEP team?

    The IEP team must include:

    • The child's parents;
    • At least one of the child's regular education teachers, if the child is, or may be, participating in the regular education environment;

      If a child is not participating in regular education and is receiving home instruction, or is in a separate facility with only children with disabilities, there is no requirement for a regular education teacher at the IEP meeting. However, if the child will be returning to the regular education classroom in the near future, the district may want to include at the IEP meeting the teacher of the classroom to which the child will be assigned.

    • At least one of the child's intervention specialists or special education providers;
    • A representative of the school district who:
      • Is qualified to provide, or supervise the provision of, specially-designed instruction to meet the unique needs of children with disabilities;
      • Knows the general education curriculum; and
      • Knows about the availability of school district resources and has the authority to commit resources.
    • Someone who can interpret the instructional implications of the evaluation results, who may be a member of the team described above;
    • At the discretion of the parents or the school district, other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate; and
    • The child, whenever appropriate. Additionally, the child must be invited if a purpose of the meeting will be the consideration of postsecondary goals for the child and the transition services needed to assist the child in reaching those goals.

    Who are the parents?

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

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

    How do you determine if you need a surrogate?

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

    Surrogate parent

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

    What is the role of the parents?

    The role of the parents is to:

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

    Who is the regular education teacher?

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

    What is the role of the regular education teacher?

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

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

    Who is the intervention specialist or special education provider?

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

    What is the role of the intervention specialist?

    The role of the intervention specialist is to:

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

    Who is the related service provider?

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

    What is the role of the related service provider?

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

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

    Who is the representative of the school district?

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

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

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

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

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

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

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

    What is the role of the school district representative?

    The role of the school district representative is to:

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

    Who can interpret the implications of evaluation results?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    In the following cases, the district must invite:

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

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

    Part C service coordinator

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

    Child in foster care

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

    The child

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

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

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

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

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

    What is the role of the child?

    The role of the child is to:

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

    7.3 IEP Planning Process

    State Performance Plan (SPP):

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

    SPP 8:
    Parent involvement:
    Percent of parents with a child receiving special education services will report that schools facilitated parent involvement as a means of improving services and results for children with disabilities. (20.U.S.C. 1416 (a)(3)(A))

    Intent:

    To assure that the development of the individualized education program (IEP) follows all requirements set forth by law, regardless of whether the child with a disability transferred from another school within the school district (LEA), transferred from another school district within the state or transferred from a school district in a different state.

    Timelines:

    • An IEP meeting must be held annually.
    • At the beginning of each school year, each school district must have an IEP in effect for each child with a disability within its jurisdiction.
    • An IEP must be in effect at the beginning of each school year and be implemented as soon as possible following the annual IEP meeting.
    • The initial IEP must be developed within whichever of the following time periods is the shortest:
      1. Within 30 calendar days of the determination that the child needs special education and related services;
      2. Within 90 calendar days of receiving parental consent for an evaluation; or
      3. Within 120 calendar days of the receiving parent or school district request for an evaluation. (See Procedural Safeguards - 5.3 Parental Consent for Evaluation and Evaluation and Evaluation - 6.2 Request and Referral for Initial Evaluation).

    Parents must be notified of the annual IEP meeting early enough to ensure that one or both of the parents have an opportunity to attend.

    REQUIREMENT

    3301-51-07
    (D) Children in other districts or agencies

    (1) The 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 of MR/DD, and other 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.

    3301-51-07
    (J) Parent participation
    (1) School district responsibility
    Each school district must take steps to ensure that one or both of the parents of a child with a disability are present at each IEP team meeting or are afforded the opportunity to participate, including:

    (a) Notifying the parents of the meeting early enough to ensure that they will have an opportunity to attend; and
    (b) Scheduling the meeting at a mutually-agreed upon time and place.

    (2) Information provided to parents

    (a) The notice required under paragraph (J0(1)(a) of this rule must:
    (i) Indicate the purpose, time, and location of the meeting and who will be in attendance; and
    (ii) Inform the parents of the provisions in paragraphs (I)(1)(f) and (I)(3) of this rule (relating to the participation of other individuals on the IEP team who have knowledge or special expertise about the child), and paragraph (I)(6) of this rule (relating to the participation of the Part C service coordinator or other representatives of the Part C system at the initial IEP team meeting for a child previously served under Part C of the IDEA) .
    (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 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.

    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.

    3301-51-07
    (L Development, review, and revision of IEP)
    (1) Development of IEP
    (a) General
    In developing each child’s IEP, the IEP team must consider:

    (i) The strengths of the child;
    (ii) The concerns of the parents for enhancing the education of their child;
    (iii) The results of the initial or most recent evaluation of the child;
    (iv) The results of the child’s performance on any state or districtwide assessment programs, as appropriate; and
    (v) The academic, developmental, and functional needs of the child.

    (e)Consolidation of IEP team meetings
    To the extent possible, the school district must encourage the consolidation of reevaluation meetings for the child and other IEP team meetings for the child.

    3301-51-05
    (F) Opportunity to examine records; parent participation in meetings
    (2) Parent participation in meetings

    (a) The parents of a child with a disability must be afforded an opportunity to participate in meetings with respect to:
    (i) The identification, evaluation, and educational placement of the child; and
    (ii) The provision of FAPE to the child.
    (b) Each school district must provide notice consistent with the parent participation requirements of rule 3301-51-07 of the Administrative Code to ensure that parents of children with disabilities have the opportunity to participate in meetings described in paragraph (F)(2)(a) of this rule.

    GUIDANCE

    What should be done before the initial and annual IEP meeting?

    Prepare for and arrange the meeting

    To prepare for the IEP meeting, the IEP team should:

    • Gather child information
      • For an initial IEP, include: evaluation team report (ETR); evaluation data; work samples; informal and formal assessment data; results from state and district-wide achievement testing; and parents' concerns for enhancing the education of their child. Coordinate with the school psychologist and, if possible, arrange to conduct the evaluation meeting at the same time as the IEP.
      • For an annual review, include: work samples; informal and formal assessment data; observation data; current IEP and progress notes; ETR; results from state and district-wide achievement tests; and parents' concerns for enhancing the education of their child.
    • Contact participants, including district representative and school and other agency personnel, to ascertain their availability on several possible dates;
    • For children whose district of residence is different from the district of service, a representative of the district of residence must be invited to attend all meetings. A representative of the district of residence is encouraged to participate (in person, by phone, or by conference call or other means) because the district of residence has the ultimate responsibility for the IEP;
    • Contact the parents and child, if appropriate, to determine a mutually-agreed-upon time and date;
      • Evenings and weekends are included as part of the time that must be considered when a district and parents are attempting to reach a mutually agreed upon time to have an IEP meeting. Although the parties may determine that weekends are not mutually agreeable because the district cannot get staff to attend, this time must be considered. Evenings must be considered, as well as, early mornings before school begins. The meeting time must work for all participants' schedules. Both the parents and the district should be as flexible as they can be when scheduling IEP meetings.
    • If the child is not attending the meeting, talk with him or her regarding interests and preferences;
    • Request appointment of a surrogate parent, if appropriate, (see IEP - 7.2 Identification of IEP Team Members and Their Roles and see Procedural Safeguards - 5.6 Surrogate Parents) and invite the surrogate parent to the meeting;
    • Contact participants early (at least two weeks before the meeting is recommended) to schedule;
    • Arrange for an interpreter or translator, if needed, for deaf or non-English-speaking parents (or child);
    • Ensure the accessibility of the meeting location;
    • The IEP team, including other service providers, collaborates to develop coordinated goals; and
    • Acquire parents' concerns for enhancing the education of their child.

    Send the parents notice

    Rule 3301-51-05(F)(2)(b) and Rule 3301-5107(J)(1)(a) require that once the date, time and location of the meeting are determined, the school district send a Parent Invitation PR-02 form to the parents. This parent notification must include information on:

    • The purpose of the meeting, which may be to:
      • Write an IEP that includes goals and objectives or benchmarks to meet the child’s needs;
      • Review the child’s IEP to determine whether the annual goals for the child are being met;
      • Revise the child’s IEP, as appropriate, to address any lack of expected progress toward the annual goals and in the general curriculum, including the amount or intensity of services or the location in which services will be provided;
      • Discuss transition from early childhood to school-age programs;
      • Determine the need for additional information for reevaluation purposes;
      • Discuss a notice of the transfer of rights from the parents to the child if the child is or will be age 17 before the next annual IEP meeting;
      • Develop a statement of the child's transition-services needs beginning at age 14 or younger, if appropriate, and note that the child will be invited to attend. (See IEP - 7.6 Postsecondary Transition Services);
      • Consider postsecondary goals and transition services for the child when he or she turns 16, or younger, if determined appropriate by the IEP team;
      • Add services to the IEP; or
      • Revise the IEP based on additional evaluation results.
    • The time of the meeting.
    • The location of the IEP meeting.
    • Who will be attending, by position?
      • Identify all school personnel, by position, who will be attending. Individuals who are included on invitation must attend the IEP meeting or be individually excused by the parents in writing if they are required IEP team members. (See IEP - 7.1 General)
      • Identify any other agency that will be invited to send a representative;
      • Both parents and school personnel have the right to invite others to be a part of the IEP team because of their knowledge or special expertise about the child;
      • For a child previously served under Part C, the parents may request the participation of the Part C coordinator or other representatives of the Part C system at the initial IEP meeting.

    Document all attempts to contact the parents to schedule the meeting.

    When attempting to contact parents to schedule the meeting, document every attempt to do so. This documentation should include detailed records and notes, including dates, times and results of attempts made, such as:

    • Telephone calls and the results of these calls;
    • Copies of correspondence sent to the parents and any responses received;
    • Visits to the parents' home or places of employment and the results of those visits; and
    • Face to face meetings and conversations.

    The school district should make three attempts to contact the parents.

    Finalize the meeting date.

    Once the date is agreed upon and parents have agreed to attend:

    • Acquire and file written parental agreement to attend (Parent Invitation PR-02 form);
    • Arrange for a meeting place that is convenient for the child’s parents;
    • Before the meeting, provide the parents (by fax, mail, e-mail, or opportunity to pick-up) a draft IEP, when appropriate, and a reminder of the date and time of the meeting;
    • Before the meeting, make the draft IEP available to other IEP team members.
    • Confirm meeting date with all participants; and
    • Send invitations to team members.

    If the parents cannot attend, discuss the option of the parents participating via a telephone conference or other means or suggest another meeting date.

    REQUIREMENT

    3301-51-07
    (I) IEP team
    (5) IEP team attendance

    (a) A member of the IEP team described in paragraphs (I)(1)(b) to (I)(1)(e) of this rule is not required to attend an IEP team meeting, in whole or in part, if the parent of a child with a disability and the school district agree, in writing, that the attendance of the member is not necessary because the member’s area of the curriculum or related services is not being modified or discussed in the meeting.
    (b) A member of the IEP team described in paragraph (I)(5)(a) of this rule may be excused from attending an IEP meeting, in whole or in part, when the meeting involves a modification to or discussion of the member’s area of the curriculum or related services, if:
    (i) The parent, in writing, and the school district consent to the excusal; and
    (ii) The member submits, in writing, to the parent and the IEP team, input into the development of the IEP prior to the meeting.

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

    (a) Detailed records of telephone calls made or attempted and the results of those calls;
    (b) Copies of correspondence sent to the parents and any responses received; and
    (c) Detailed records of visits made to the parent’s home or place of employment and the results of those visits.

    GUIDANCE

    Who determines who is required to attend the IEP meeting?

    The school district determines the specific personnel who will fill the roles of the district’s required participants at the IEP team meeting. (See IEP 7.2 - Identification of IEP Team Members and Their Roles)

    The IEP team may also include, at the discretion of the parents or the school district, additional individuals with knowledge or special expertise about the child, including related services personnel as appropriate. The parents or school district may invite any of these individuals to participate on the IEP team.

    The parents determine who they will invite. They may invite a friend or relative who knows the child, a professional with special expertise about the child and his or her disability, or others (such as a vocational educator who has been working with the child) who can talk about the child's strengths and needs.

    When may an IEP team member be excused from attending an IEP meeting?

    Usually a required member of the IEP team must attend an IEP team meeting. However, a required member of the IEP team may be excused from attending all or part of the meeting under these circumstances:

    • If the parents and the school district agree, in writing, that the member’s attendance is not necessary because the member’s area of the curriculum or related services is not being modified or discussed in the meeting.
    • When the meeting does involve a change to or discussion of the member's area of the curriculum or related services under these conditions:
      • The parents and the school district each consent, in writing, to the member being excused; and
      • The IEP team member gives input into the development of the IEP before the meeting. The input must be in writing to both the parents and the IEP team.

    The district representative, a required member of the IEP team, may be excused from the IEP meeting, but ODE/OEC and the Office of Special Education Programs (OSEP) do not recommend this practice. In most instances the district representative is the team member qualified to provide or supervise the provision of specially-designed instruction and commit resources for implementing the child's IEP. The parents and the school district should give careful consideration to the importance of having the district representative attend the IEP meeting before agreeing or consenting to his or her excusal.

    Can a meeting be held if the district cannot convince the parents to attend?

    Every attempt should be made to have the parents attend the IEP team meeting. However, if parents refuse to attend or are unresponsive to notices and invitations sent inviting them to the IEP team meeting:

    • Document all attempts to arrange the meeting, including records of telephone calls made and results; copies of correspondence sent and responses; detailed records of visits made to home or employment; and results of visits and other attempts.
    • Hold the meeting and send the Prior Written Notice to Parents PR-01 form with a copy of the IEP and the procedural safeguards, Whose IDEA Is This? Parental consent is needed for initial IEPs and before a change of placement, unless the change of placement is for disciplinary reasons. (See Discipline - 8.1 General).

    If there is a change of placement or it is an initial IEP, arrangements must be made with the parents to review the IEP and acquire the parents' signatures on the IEP indicating parental consent before the IEP may be implemented.

    What is done if, after agreeing to the IEP meeting date, the parents do not attend?

    If the parents have agreed to the date and time of the meeting and responded in writing that they will attend the meeting but do not come to the meeting and have not requested that it be rescheduled, or if they do not respond to multiple notices (three documented attempts are suggested), the team should attempt to contact the parents by phone or e-mail.

    • If the team reaches the parents, offer the option of a telephone conference;
    • Reschedule the meeting at the parents' request; or
    • If the parents cannot be reached, proceed with the meeting.

    If the parents cannot be reached:

    If there is no change of placement and the IEP is not the initial IEP, send a Prior Written Notice to Parents PR-01 form to the parents with a copy of the IEP, and implement the IEP.

    If there is a change of placement or it is an initial IEP, arrangements must be made with the parents to review the IEP and acquire the parents' signatures on the IEP indicating parental consent before the IEP can be implemented. (See Procedural Safeguards 5.4 - Parental Consent for Services and Change of Placement.)

    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.

    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 Rule 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 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.

    GUIDANCE

    What does the district do when children with ETRs/IEPs move into the district?

    If a child with a disability who had an IEP in effect in a previous out-of-state school district transfers to an Ohio school district of residence, the Ohio 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 it:

    • 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, the evaluation is considered an initial evaluation and will require parental consent.

    If the district has concerns about an ETR for a child from another district in state, the IEP team should refer the child for additional evaluation. This would be considered a reevaluation.

    In all cases the 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 developed.

     

    7.4 Development of IEP

    IEP PR-07 Form

    Ohio's IEP form provides for a "standards based IEP." Annotations for the IEP have been developed and are updated periodically to assist IEP team members with the development of the IEP. Training on the use of the IEP form is provided by the state support teams (SSTs) to districts in their regions.

    Two versions of the IEP form are included in this document under Ohio Required Forms.

    This form is a dynamic PDF file that will change format as the data is entered. Input fields expand to accommodate content. Some sections may be duplicated as needed. Some sections may be omitted based on user responses. Fields such as names and dates are linked to reduce duplication of entry. The resulting file with data may be saved for future use.
    Although the data is stored in an electronic form this is not by itself an "electronic IEP." Data is stored only within the individual files. Users must be careful to establish a file naming system, an organized storage system and a method of addressing the security of the data files.
    This form may be printed and filled in.

    The IEP PR-07 form is no longer used for the Services Plan. A Services Plan form is available in this document under Ohio Required Forms.

    State Performance Plan (SPP):

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

    SPP 5:
    Least restrictive environment - school-age:
    Percent of children with IEPs aged 6 through 21:
    A. Removed from regular class less than 21% of the day;
    B. Removed from regular class greater than 60% of the day; or
    C. Served in public or private separate schools, residential placements, or homebound or hospital placements. (20.U.S.C. 1416 (a)(3)(A))
    SPP 3B:
    Participation and performance of children with disabilities on statewide assessments:
    B. Participation rate for children with IEPs in a regular assessment with no accommodations; regular assessment with accommodations; alternate assessment against grade level standards; alternate assessment against alternate achievement standards. (20.U.S.C. 1416(a)(3)(A))
    SPP 13:
    Secondary transition:
    Percent of youth aged 16 and above with an IEP that includes coordinated, measurable, annual IEP goals and transition services that will reasonably enable the child to meet the post-secondary goals. (20.U.S.C. 1416 (a)(3)(B))
    SPP 8:
    Parent involvement:
    Percent of parents with a child receiving special education services who report that schools facilitated parent involvement as a means of improving services and results for children with disabilities. (20.U.S.C. 1416(a)(3)A))

    Intent:

    To describe the sequence and content in the development of a child’s individualized education program (IEP). The IEP should address the unique needs of the child to enable him or her to make meaningful progress toward accessing and progressing in the general education curriculum.

    Timelines:

    • A meeting to develop an IEP for a child must be conducted within 30 days of a determination that the child needs special education and related services.
    • The initial IEP must be developed within whichever of the following time periods is the shortest:
      1. Within thirty calendar days of the determination that the child needs special education and related services;
      2. Within 90 calendar days of receiving parental consent for an evaluation; or
      3. Within 120 calendar days of receiving parent or school district request for an evaluation.
    • As soon as possible following development of the IEP, special education and related services must be made available to the child in accordance with the child’s IEP.
    • An IEP must be in effect at the beginning of each school year for each child with a disability within a district’s jurisdiction.
    • For children age 14 and older (or younger, if appropriate), the IEP shall include a statement of the transition service needs of the child.
    • The IEP must include appropriate measurable postsecondary goals and transition services at age 16, or younger if determined appropriate by the IEP team, and those must be updated annually. (See IEP - 7.6 Postsecondary Transition Services.).

    REQUIREMENT

    3301-51-07
    (H) Definition of individualized education program
    (1) General
    As used in this rule, the term "Individualized Education Program" or "IEP" means a written statement for each child with a disability that is developed, reviewed, and revised in a meeting in accordance with paragraphs (H) to (L) of this rule and that must include:

    (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;
    (b) A statement of the child’s present levels of academic and functional performance, including:
    (i) How the child’s disability affects the child’s involvement and progress in the general education curriculum (i.e., the same curriculum as for nondisabled children); or
    (ii) For preschool children, as appropriate, how the disability affects the child’s participation in appropriate activities;
    (c) A statement of measurable annual goals, including academic and functional goals and benchmarks or short-term objectives designed to:
    (i) Meet the child’s needs that result from the child’s disability to enable the child to be involved in and make progress in the general education curriculum; and
    (ii) Meet each of the child’s other educational needs that result from the child’s disability;
    (d) A description of:
    (i) How the child’s progress toward meeting the annual goals described in paragraph (H)(1)(c)of this rule will be measured; and
    (ii) When periodic reports on the progress the child is making toward meeting the annual goals (such as through the use of quarterly or other periodic reports, concurrent with the issuance of report cards) will be provided;
    (e) A statement of the special education and related services and supplementary aids and services, based on peer-reviewed research to the extent practicable, to be provided to the child, or on behalf of the child, and a statement of the program modifications or supports for school personnel that will be provided to enable the child:
    (i) To advance appropriately toward attaining the annual goals;
    (ii) To be involved in and make progress in the general education curriculum in accordance with paragraph (H)(1)(b) of this rule, and to participate in extracurricular and other nonacademic activities; and
    (iii) To be educated and participate with other children with disabilities and nondisabled children in the activities described in this rule;
    (f) An explanation of the extent, if any, to which the child will not participate with nondisabled children in the regular class and in the activities described in paragraph (H)(1)(e) of this rule;
    (g) A statement of any individual appropriate accommodations that are necessary to measure the academic achievement and functional performance of the child on state and districtwide assessments consistent with Section 612(a)(16) of the IDEA;
    (h) If the IEP team determines that the child must take an alternate assessment instead of a particular regular state or districtwide assessment of student achievement, a statement of why:
    (i) The child cannot participate in the regular assessment; and
    (ii) The particular alternate assessment selected is appropriate for the child; and
    (i) The projected date for the beginning of the services and modifications described in paragraph (H)(1)(e)of this rule and the anticipated frequency, location, and duration of those services and modifications.

    (2) Transition services

    (a) For each child with a disability, beginning at age fourteen (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.)
    (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.


    (3) Transfer of rights at age of majority
    Beginning not later than one year before the child reaches eighteen years of age, which is the age of majority under Ohio law, the IEP must include a statement that the child has been informed of the child's rights under Part B of the IDEA that will transfer to the child on reaching the age of majority, as specified in rule 3301-51-05 of the Administrative Code.

    3301-51-07
    (L) Development, review, and revision of IEP
    (1) Development of IEP
    (a) General
    In developing each child’s IEP, the IEP team must consider:

    (i) The strengths of the child;
    (ii)The concerns of the parents for enhancing the education of their child;
    (iii) The results of the initial or most recent evaluation of the child;
    (iv) The results of the child’s performance on any state or district-wide assessment programs, as appropriate; and
    (v) The academic, developmental, and functional needs of the child.

    (b) Consideration of special factors
    The IEP team must:

    (i) In the case of a child whose behavior impedes the child’s learning or that of others, consider the use of positive behavioral interventions and supports, and other strategies, to address that behavior;
    (ii) In the case of a child with limited English proficiency, consider the language needs of the child as those needs relate to the child’s IEP;
    (iii) In the case of a child who is blind or visually impaired;
    (a) Provide for instruction in Braille and the use of Braille unless the IEP team determines, after an evaluation of the child’s reading and writing skills, needs, and appropriate reading and writing media (including an evaluation of the child’s future needs for instruction in Braille or the use of Braille), that instruction in Braille or the use of Braille is not appropriate for the child; and
    (b) Ensure that the requirements for IEPs for children with visual impairments are implemented as provided in section 3323.011 of the Revised Code;
    (iv) Consider the communication needs of the child, and in the case of a child who is deaf or hard of hearing, consider the child’s language and communication needs, opportunities for direct communications with peers and professional personnel in the child’s language and communication mode, academic level, and full range of needs, including opportunities for direct instruction in the child’s language and communication mode; and
    (v) Consider whether the child needs assistive technology devices and services.

    (c) Requirements with respect to regular education teacher
    A regular education teacher of a child with a disability, as a member of the IEP team, must, to the extent appropriate, participate in the development of the IEP of the child, including the determination of:

    (i) Appropriate positive behavioral interventions and supports and other strategies for the child; and
    (ii)Supplementary aids and services, program modifications, and support for school personnel consistent with paragraph(H)(1)(e) of this rule.

    (d) Agreement

    (i) In making changes to a child's IEP after the annual IEP team meeting for a school year, the parent of a child with a disability and the school district may agree not to convene an IEP team meeting for the purposes of making those changes, and instead may develop a written document to amend or modify the child's current IEP.
    (ii)If the IEP team amends or modifies the child's current IEP, as described in paragraph (L)(1)(d)(i) of this rule, the annual review date for the amended or modified IEP does not change. The annual review date will change upon a complete review and revision of the child's IEP as outlined in paragraph (L)(2) of this rule.
    (iii) If changes are made to the child's IEP in accordance with paragraph (L)(1)(d)(i) of this rule, the school district must ensure that the child's IEP team is informed of those changes.

    (e) Consolidation of IEP team meetings

    To the extent possible, the school district must encourage the consolidation of reevaluation meetings for the child and other IEP team meetings for the child.

    (f)Amendments

    Changes to the IEP may be made either by the entire IEP team at an IEP team meeting, or as provided in paragraph (L)(1)(d) of this rule, by amending the IEP rather than by redrafting the entire IEP. When an IEP is amended the school district shall send a copy of the amended IEP to the parent within thirty days of the date the IEP was amended.

    (2) Review and revision of IEPs
    (a) General
    Each school district must ensure that, subject to paragraphs (L)(2)(b) and (L)(2)(c) of this rule, the IEP team:

    (i) Reviews the child’s IEP periodically, but not less than annually, to determine whether the annual goals for the child are being achieved; and
    (ii) Revises the IEP, as appropriate, to address:
    (a) Any lack of expected progress toward the annual goals described in paragraph (H)(1)(c) of this rule, and in the general education curriculum, if appropriate;
    (b) The results of any reevaluation conducted under rule 3301-51-06 of the Administrative Code;
    (c) Information about the child provided to, or by, the parents; as described under paragraph (F)(1)(b) or rule 3301-51-06 of the Administrative Code;
    (d) The child’s anticipated needs; or
    (e) Other matters.

    (b) Consideration of special factors

    In conducting a review of the child's IEP, the IEP team must consider the special factors described in paragraph (L)(1)(b) of this rule.

    (c) Requirement with respect to regular education teacher

    A regular education teacher of the child, as a member of the IEP team, must, consistent with paragraph (L)(1)(c) of this rule, participate in the review and revision of the IEP of the child.

    (3) Failure to meet transition objectives

    (a) Participating agency failure
    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.
    (b) Construction
    Nothing in this rule relieves any participating agency, including a state vocational rehabilitation agency, of the responsibility to provide or pay for any transition service that the agency would otherwise provide to children with disabilities who meet the eligibility criteria of that agency.

    3301-51-02
    (H) Nonacademic services
    (1) Each school district must take steps, including the provision of supplementary aids and services determined appropriate and necessary by the child’s IEP team, to provide nonacademic and extracurricular services and activities in the manner necessary to afford children with disabilities an equal opportunity for participation in those services and activities.

    (2) Nonacademic and extracurricular services and activities shall include counseling services, athletics, transportation, health services, recreational activities, special interest groups or clubs sponsored by the school district, referrals to agencies that provide assistance to individuals with disabilities, and employment of students, including both employment by the school district and assistance in making outside employment available..

    3301-51-02
    (J) Program options
    Each school district must take steps to ensure that children with disabilities served by the school district have available to them the variety of educational programs and services available to nondisabled children in the area served by the school district, including art, music, industrial arts, consumer and homemaking education and vocational education.

    3301-51-09
    (B) LRE requirements
    (2) Each school district must ensure that:

    (a) 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
    (b) Special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only if the nature or severity of the disability is such that education in regular classes with the with the use of supplementary aids and services cannot be achieved satisfactorily.

    GUIDANCE

    Developing the IEP

    An IEP meeting must be held at least every 12 months. If changes are to be made to the IEP after the annual meeting, the parents and the school district may agree to either convene an IEP team meeting or not to convene an IEP team meeting. This agreement between the parents and the district does not have to be in writing, although it is strongly recommended that the agreement be documented in writing in the event that questions arise at a future time.

    Once agreed that the IEP team will not convene, the parents and a member or members of the school district staff discuss the proposed amendments to the IEP either in a face-to-face meeting or via a phone call or e-mail. These changes are documented in the Amendment Section of the IEP or a written document may be attached to the child’s IEP to amend or modify the IEP.

    The district must provide the parents a copy of the revised IEP within 30 days of the date the IEP was amended. Amending the IEP does NOT change the date that the annual IEP team meeting is required to be held. If the parents disagree with the amendment, the district must provide Prior Written Notice (PR-01) to the parents.

    After the child’s IEP has been amended, the district must inform the members of the child’s IEP team of the amendment. Each teacher and/or related service provider who is not part of the IEP team must be informed of his or her specific responsibilities related to implementing the child’s amended IEP including the specific accommodations and supports that must be provided for the child. It is strongly recommended that team members and service providers be informed of the IEP amendment in writing to document that all parties were informed of the changes.

     

    7.5 Special Instructional Factors

    State Performance Plan (SPP):

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

    SPP 3:
    Participation and performance of children with disabilities on statewide assessments:
    B. Participation rate for children with IEPs in a regular assessment with no accommodations; regular assessment with accommodations; and alternate assessment against grade level standards. (20.U.S.C. 1414 (a)(3)(A))
    C. Proficiency rate for children with IEPs against grade level standards and alternate achievement standards (20.U.S.C. 1414 (a)(3)(A))
    SPP 13:
    Secondary transition:
    Percent of youth aged 16 and above with an IEP that includes coordinated, measurable, annual IEP goals and transition services. (20.U.S.C. 1414 (a)(3)(B))

    Intent:

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

    REQUIREMENT

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

    (i) In the case of a child whose behavior impedes the child’s learning or that of others, consider the use of positive behavioral interventions and supports, and other strategies, to address that behavior;
    (ii) In the case of a child with limited English proficiency, consider the language needs of the child as those needs relate to the child’s IEP;
    (iii) In the case of a child who is blind or visually impaired:
    (a) Provide for instruction in braille and the use of braille unless the IEP team determines, after an evaluation of the child’s reading and writing skills, needs, and appropriate reading and writing media (including an evaluation of the child’s future needs for instruction in braille or the use of braille), that instruction in braille or the use of braille is not appropriate for the child; and
    (b) Ensure that the requirements for IEPs for children with visual impairments are implemented as provided in section 3323.011 of the Revised Code;
    (iv) Consider the communication needs of the child, and in the case of a child who is deaf or hard of hearing, consider the child’s language and communication needs, opportunities for direct communications with peers and professional personnel in the child’s language and communication mode, academic level, and full range of needs, including opportunities for direct instruction in the child’s language and communication mode; and
    (v) Consider whether the child needs assistive technology devices and services.

    GUIDANCE

    What are special instructional factors?

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

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

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

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

    REQUIREMENT

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

    (i) In the case of a child whose behavior impedes the child’s learning or that of others, consider the use of positive behavioral interventions and supports, and other strategies, to address that behavior.

    GUIDANCE

    When is behavior addressed in the IEP?

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

    What is a functional behavioral assessment (FBA)?

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

    What is a behavioral intervention plan (BIP)?

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

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

    The BIP should include:

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

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

    Does Ohio have a policy regarding the use of restraints?

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

    REQUIREMENT

    3301-51-09
    (I) Service provider ratios for delivery of services
    (2) School-age service providers will provide direct services in accordance with the following ratios:
    (d) An intervention specialist shall serve no more than twelve children with emotional disturbances.

    (i) No more than ten children shall be served during any one instructional period.
    (ii) The age range shall not exceed forty-eight months within any one instructional period.
    (iii) There should be a plan on file and in operation in the school district to provide appropriate classroom management and crisis intervention support.
    (iv) In the absence of a plan, the school district shall employ at least one full-time paraprofessional in each special class for these children.

    GUIDANCE

    When must a crisis intervention plan be developed?

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

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

    What should be included in a crisis intervention plan?

    A crisis intervention plan consists of the following:

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

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

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

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

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

    REQUIREMENT

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

    (ii) In the case of a child with limited English proficiency, consider the language needs of the child as those needs relate to the child's IEP.

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

    (A) who is aged 3 through 21;
    (B) who is enrolled or preparing to enroll in an elementary or secondary school;
    (C)(i) who was not born in the United States or whose native language is a language other than English;
    (ii)(I) who is an American Indian or Alaskan Native, or a native of the outlying areas; and
    (II) who comes from an environment where a language other than English has had a significant impact on the individual's level of English language proficiency; or
    (iii) who is migratory, whose native language is a language other than English, and who comes from an environment where a language other than English is dominant; and
    (D) whose difficulties in speaking, reading, writing, or understanding the English language may be sufficient to deny the individual–
    (i) the ability to meet the State's proficient level of achievement on state assessments described in section 111(b)(3);
    (ii) the ability to successfully achieve in classrooms where the language of instruction is English; or
    (iii) the opportunity to participate fully in our society.

    GUIDANCE

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

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

    REQUIREMENT

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

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

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

    (iii) in the case of a child who is blind or visually impaired,
    (a) Provide for instruction in braille and the use of braille unless the IEP Team determines, after an evaluation of the child's reading and writing skills, needs, and appropriate reading and writing media (including an evaluation of the child's future needs for instruction in braille or the use of braille), that instruction in braille or the use of braille is not appropriate for the child. 20 USC 1414 (d)(3)(B)
    (b) Ensure that the requirements for IEPs for children with visual impairments are implemented as provided in section 3323.011 of the Revised Code.

    GUIDANCE

    What is a visual impairment?

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

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

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

    Eye Examinations for Children with Disabilities

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

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

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

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

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

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

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

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

    REQUIREMENT

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

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

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

    (iv) Consider the communication needs of the child, and in the case of a child who is deaf or hard of hearing, consider the child’s language and communication needs, opportunities for direct communications with peers and professional personnel in the child’s language, and communication mode, academic level, and full range of needs, including opportunities for direct instruction in the child’s language and communication mode.

    GUIDANCE

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

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

    • See What if the team determines the child needs interpreting services?

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

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

      REQUIREMENT

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

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

      (a) The evaluation of the needs of a child with a disability, including a functional evaluation of the child in the child’s customary environment;
      (b) Purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by children with disabilities;
      (c) Selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing assistive technology devices;
      (d) Coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs;
      (e) Training or technical assistance for a child with a disability or, if appropriate, that child’s family; and
      (f) Training or technical assistance for professionals (including individuals providing education or rehabilitation services), employers, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of that child.

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

      (a) Special education under rule 3301-51-01 of the Administrative Code;
      (b) Related services under rule 3301-51-01 of the Administrative Code; or
      (c) Supplementary aids and services under rule 3301-51-09 of the Administrative Code.


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

      GUIDANCE

      What are assistive technology services and devices?

      REQUIREMENT

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

      (i) "At no cost" means that all specially-designed instruction is provided without charge, but does not preclude incidental fees that are normally charged to nondisabled students or their parents as part of the regular education program.
      (ii) "Physical education" means:
      (a) The development of:
      (i) Physical and motor fitness;
      (ii) Fundamental motor skills and patterns; and
      (iii) Skills in aquatics, dance, and individual and group sports (including intramural and lifetime sports; and
      (b) Includes special education, adapted physical education, movement education, and motor development.

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

      (a) The child is enrolled full time in a separate facility; or
      (b) The child needs specially designed physical education, as prescribed in the child’s IEP.

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

      GUIDANCE

      What is adaptive physical education (APE)?

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

      How should the team address physical education?

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

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

      REQUIREMENT

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

      (a) Each school district must ensure that extended school year services are available as necessary to provide FAPE, consistent with this rule.
      (b) Extended school year services must be provided only if a child’s IEP team determines, on an individual basis, in accordance with rule 3301-51-07 of the Administrative Code, that the services are necessary for the provision of FAPE to the child. Additionally, the school district shall consider the following when determining if extended school year services should be provided:
      (i) Whether extended school year services are necessary to prevent significant regression of skills or knowledge retained by the child so as to seriously impede the child’s progress toward the child’s educational goals; and
      (ii) Whether extended school years services are necessary to avoid something more than adequately recoupable regression.
      (c) In implementing the requirements of this rule, a school district shall not:
      (i) Limit extended school year services to particular categories of disability; or
      (ii) Unilaterally limit the type, amount or duration of those services.

      GUIDANCE

      What are extended school year (ESY) services?

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

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

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

      REQUIREMENT

      3301-51-07
      (H) Definition of individualized education program
      (1) General
      As used in this rule, the term “individualized education program” or “IEP” means a written statement for each child with a disability that is developed, reviewed, and revised in a meeting in accordance with paragraphs (H) to (L) of this rule and that must include:
      (g) A statement of any individual appropriate accommodations that are necessary to measure the academic achievement and functional performance of the child on state and districtwide assessments consistent with Section 612(a)(16) of the IDEA..
      (h) If the IEP team determines that the child must take an alternate assessment instead of a particular regular state or districtwide assessment of student achievement, the team must provide a statement of why:

      (i) The child cannot participate in the regular assessment; and
      (ii) The particular alternate assessment selected is appropriate for the child; and

      (i) The projected date for the beginning of the services and modifications described in paragraph (H)(1)(e) of this rule and the anticipated frequency, location, and duration of those services and modifications.
       

      GUIDANCE

      Accommodations and alternate assessment

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

      How should the team determine testing participation and accommodations?

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

      Assessment accommodations

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

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

      Presentation accommodations

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

      Response accommodations

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

      Setting accommodations

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

      Timing and scheduling accommodations

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

      What are the criteria for allowable accommodations?

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

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

      What are acceptable accommodations?

      Acceptable accommodations include:

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

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

      Districts should check the Ohio Statewide Testing Program Rules Book each year for information on testing accommodations and the Ohio Statewide Assessment Accommodation Guidance Chart. The use of inappropriate accommodations on statewide assessments will invalidate child test scores.

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

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

      This decision making framework relies on the following basic assumptions:

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

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

      For additional information on alternate assessment and the Ohio Statewide Testing Program Rules Book.

      Excusal from the consequences of the OGT

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

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

     

    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 course 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 course 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.]

    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:
    (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 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.
    (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.

    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 course 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.

    • If the school district is conducting an individualized functional vocational evaluation to determine the nature and extent of special education and related services needed by the child, parental consent is required.
    • If the district is not conducting an evaluative process, but merely collecting or reviewing data that already exists or assessing children’s progress on the curriculum, parental consent is not required.

    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

    1. 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 course of study.
      • Beginning with the IEP in effect when the child turns 14, the IEP team must discuss the child’s projected high school course of study, related to post-school plans outlined in the future planning statement, to ensure that this course of study is 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.
    2. The IEP shall include a statement, updated annually, of the transition service needs of the child that focuses on the child's course of study.

      The IEP team must consider the child’s projected high school course 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.
    3. The IEP should focus on the child’s course 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.

    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-appropriate transition assessment

    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

    These goals must be based upon results of age-appropriate transition assessments and the needs identified in the present levels of academic achievement and functional performance.

    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.

    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.

    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.

    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.

     

Last Modified: 7/10/2013 12:47:48 PM