Positive Behavior Interventions and Support and Restraint and Seclusion Policy
In January, the State Board of Education approved the Positive Behavior Interventions and Support (PBIS) and Restraint and Seclusion policy by a vote of 12-4. The proposed rule regarding the same subject must now go to the Joint Committee on Agency Rule Review (JCARR) for a hearing. Once the JCARR process is finished, the rule comes back to the State Board for a final vote in April. The rule and policy will be effective for the 2013-2014 school year and can be found on the ODE website using the keyword search "ODE Policy PBIS".
Draft 2 of the Operating Standards and Regional Meetings for Feedback
Draft 2 of the Operating Standards for Ohio Educational Agencies Serving Children with Disabilities are now posted on the ODE website. There are seven more regional meetings on the Operating Standards revisions. Please attend one near you to receive information about the proposed changes and to provide feedback.
To review draft 2 of the Operating Standards for Ohio Educational Agencies Serving Children with Disabilities and for additional information on the Regional Meetings visit the ODE website using the keyword search “Revisions to Operating Standards”.
Parental Consent Requirements - Access to Public Benefits or Insurance
The Secretary of Education (Secretary) amends regulations for Part B of the Individuals with Disabilities Education Act (IDEA or Act). These regulations govern the Assistance to States for the Education of Children with Disabilities program, including the Preschool Grants for Children with Disabilities program. These amendments revise the parental consent requirements a public agency must meet before it may access for the first time a child’s or parent’s public benefits or insurance (e.g., Medicaid) to pay for services required under the Act; ensure that parents of children with disabilities are specifically informed of all of their legal protections when public agencies seek to access public benefits or insurance (e.g., Medicaid)to pay for services required under the Act; and address the concerns expressed by State educational agencies (SEAs) and local educational agencies (LEAs) that requiring parental consent each time access to public benefits or insurance is sought, in addition to the parental consent required by the Family Educational Rights and Privacy Act (FERPA) and section 617(c) of the IDEA, imposes unnecessary costs and administrative burdens. These regulations are effective on March 18, 2013.
For additional information visit: https://www.federalregister.gov/articles/2013/02/14/2013-03443/assistance-to-states-for-the-education-of-children-with-disabilities?utm_campaign=subscription+mailing+list&utm_medium=email&utm_source=federalregister.gov
ODE-OEC will share guidance for implementation of this new provision in the near future. While the federal regulations are effective on March 18, 2013, OSEP has determined that states have time to develop appropriate implementation guidance for the SEA and LEAs with full implementation to be effective by July 1, 2013.
Students with Disabilities Participation in Nonacademic and Extracurricular Services and Activities
January 25, 2013: (Press Release) ("Dear Colleague" letter) (January 25, 2013) from Acting Assistant Secretary for Civil Rights Seth Galanter, addressing equal access to extracurricular athletics for students with disabilities. The Dear Colleague letter provides an overview of the obligations of public elementary and secondary schools under Section 504 of the Rehabilitation Act (Section 504), and the Department’s Section 504 regulations; cautions against making decisions based on presumptions and stereotypes; details the specific Section 504 regulations that require students with disabilities to have an equal opportunity for participation in nonacademic and extracurricular services and activities; and discusses the provision of separate or different athletic opportunities.
For additional information, visit the Office of Civil Rights (OCR) website at http://www.hhs.gov/ocr/office/index.html
Non-ODE Items of Interest
Spring to Success CEC-Ohio Conference
The Council for Exceptional Children-Ohio is holding a spring conference on March 1, 2013 at the Quest Conference Center in Columbus, Ohio. For additional information on the conference visit http://www.cec-ohio.org/spring_conference_2013.html.