Current through all regulations passed and filed through December 16, 2024
(A) Evaluation, reevaluation, and
individualized education program (IEP)
The school district of residence shall carry out the following
activities when a parent of a child is applying for an autism scholarship for
his or her child or when a child has received a scholarship and is
participating in the autism scholarship program:
(1) The district of residence shall conduct
an initial evaluation of a child in accordance with rule
3301-51-06 of the Administrative
Code if a parent is applying for an autism scholarship for his or her child and
the district suspects that the child is a child with a disability unless the
child is attending either a chartered or nonchartered nonpublic school. The
district where the chartered or non-chartered nonpublic school is located is
responsible for the evaluation of these children.
(2) The district of residence shall determine
whether the child is a child with a disability as the term "child with a
disability" is defined in paragraph (B)(10) of rule
3301-51-01 of the Administrative
Code. The child must be a child with one of the disabilities listed and defined
in paragraph (B)(10) of rule
3301-51-01 of the Administrative
Code or with a developmental delay, as provided in paragraph (B)(10)(c) of rule
3301-51-01 of the Administrative
Code. By reason of that disability or developmental delay, the child must need
special education and related services, as the term "special education" is
defined in paragraph (B)(58) of rule
3301-51-01 of the Administrative
Code and as the term "related services" is defined in paragraph (B)(52) of rule
3301-51-01 of the Administrative
Code.
(3) If the district of
residence determines that the child is a child with a disability under the
category of autism in accordance with paragraph (A)(2) of this rule, the child
is considered to be a child with autism for purposes of the autism scholarship
program.
(4) If the district of
residence determines that the child is a child with a disability under another
category or is a child with a developmental delay in accordance with paragraph
(A)(2) of this rule and the child has been identified as having a pervasive
developmental disorder - not otherwise specified (PDD-NOS) -the child is
considered to be a child with autism for purposes of the autism scholarship
program.
(5) If the district of
residence determines that the child is a child with a disability, the district
of residence shall conduct reevaluations of the child in accordance with rule
3301-51-06 of the Administrative
Code unless the child is attending either a chartered or non-chartered
nonpublic school. The district where the chartered or non-chartered nonpublic
school is located is responsible for the reevaluation of these children.
(6) The district is not
obligated to provide a child participating in the autism scholarship program
with FAPE while a parent of the child is receiving funds from the autism
scholarship program.
(7) If, at any time, a
parent of a child participating in the autism scholarship program decides to no
longer accept funds under the autism scholarship program and the child returns
to the district of residence for special education and related services, then
the district of residence will be required to provide the child with
FAPE.
(B) Filing
complaints and due process requests
The parent of a child participating in the autism scholarship
program has the right to file with the Ohio department of education a written
complaint that alleges that a provider serving his or her child under the
autism scholarship program violated a requirement that applies to a provider
under section 3310.41 of the Revised Code and
the rules adopted by the state board of education under that section of law.
The Ohio department of education shall respond to the complaint as determined
appropriate by the department.
