Chapter 10.2: District Responsibility for FAPE

    State Performance Plan (SPP):

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

    SPP 7:
    A. Positive social-emotional skills (including social relationships);
    B. Acquisition and use of knowledge and skills (including early language/communication and early literacy; and
    C. Use of appropriate behaviors to meet their needs.

    Intent:

    To ensure that each school district makes a free appropriate public education (FAPE) available to all children, ages of 3 through 21, including children with disabilities who have been suspended or expelled from school, for whom the school district is the children's school district of residence.

    Timelines:

    Eligible for services at age 3

    Each school district must make FAPE available to each eligible child, ages 3 through 5, for whom the school district is the child's school district of residence. Children may become eligible for services on their third birthday, even if they are not transitioning from Help Me Grow (HMG). Referrals and evaluations occur early enough to ensure that an IEP is implemented on the child's third birthday for all children transitioning from Part C services.

    No later than the child’s third birthday

    Each school district must ensure that the obligation to make FAPE available to each eligible child for whom the school district is the child’s school district of residence begins no later than the child’s third birthday for children who transition from Help Me Grow. Districts also must ensure that an individualized educational program (IEP) is in effect for the child by that date.

    REQUIREMENT

    3301-51-02
    (B) FAPE– Free Appropriate Public Education
    (1) General
    Each school district shall make FAPE available to all children between the ages of three and twenty-one, inclusive, including children with disabilities who have been suspended or expelled from school, as provided for in rule 3301-51-05 of the Administrative Code, for whom the school district is the child’s school district of residence.

    GUIDANCE

    Federal, state and local funding for special education and for related services

    State and federal funding for services are considered the state and federal share of service provision. Under IDEA, districts are responsible for Child Find (identify, locate, evaluate) for children birth through 21 and for providing services for children age 3 through 21. Once a child is identified, services must be provided.

    Districts may wish to consider the cost of not providing services at preschool and the potential for subsequent increased costs at kindergarten.

    Eligible nonchartered and chartered nonpublic school children

    The requirement for the district where the nonpublic school is located to provide services for children with disabilities in a nonpublic school is based upon the definitions of elementary and secondary schools. In Ohio, districts of residence are always responsible for preschool children with disabilities. Because preschools in Ohio do not meet the definition of elementary school, it does not follow the rule.

    Court placements

    If a journal entry is on file from the court for a preschooler who moves to another county, the responsibility of the original school district is dependent upon how the court addressed the educational rights of the child, and who retains those rights.

    REQUIREMENT

    3301-51-02
    (B) FAPE
    (2) FAPE for children beginning at age three
    Each school district must ensure that:

    (a) The obligation to make FAPE available to each eligible child for whom the school district is responsible is the child’s school district of residence begins no later than the child’s third birthday; and
    (b) An individualized education program (IEP) is in effect for the child by that date, in accordance with rule 3301-51-07 of the Administrative Code.
    (c) If a child’s third birthday occurs during the summer, the child’s IEP team shall determine the date when services under the IEP will begin.

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

    (5) Children with disabilities who are eligible under Subpart H of Part B of the Individuals with Disabilities Education Act, as amended by the Individuals with Disabilities Improvement Act of 2004, December 2004 (IDEA), but who receive early intervention services under Part C of the IDEA.

    GUIDANCE

    Summer birthdays - age 3

    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 his or her third birthday is when the birthday is in the summer. For these children, data from Help Me Grow and additional source 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 different services than those 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) as discussed under IEP - 7.5 Special Factors and Considerations.

    Note: This exception does not apply to children with birthdays in the spring.

    Third birthday on weekends or during school breaks in the school calendar year

    The effective date can be the child's third birthday, and attendance begins according to the school calendar year. This must be documented on the IEP. (See Preschool - 10.4 Transition from Part C Early Intervention). The IEP must be completed by the child's third birthday. The effective dates of the IEP will follow the school calendar year as noted on the IEP.

     

Last Modified: 7/10/2013 1:10:33 PM