Current through all regulations passed and filed through September 16, 2024
(A)
Each educational
agency 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 is developed and implemented for each child
with a disability.
(B)
The county boards of developmental disabilities 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 individualized
education program are provided as agreed upon with the child's school district
of residence.
(C)
Children in other districts or agencies
(1)
The school
district of residence is responsible for ensuring that an individualized
education program is developed and implemented for each child with a disability
residing in the school district, even when another educational agency
implements the child's individualized education program. This includes the
responsibility for initiating and conducting meetings for the purpose of
developing, reviewing and revising the individualized education program of a
child with a disability. When providing special education services for a child
with a disability in another 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 individualized education program.
(2)
Each educational
agency shall cooperate with another educational agency that serves children
with disabilities in institutions or other care facilities to ensure that these
children have access to an education in their least restrictive environment as
appropriate and as specified in the individualized education
program.
(D)
Responsibility of the educational agency
Each educational agency must ensure
that a child with a disability who is placed in or referred to a nonpublic
school or facility by a public school district:
(1)
Is provided
special education and related services:
(a)
In conformance
with an individualized education program that meets the requirements of
paragraphs (E) to (I) of this rule; and
(b)
At no cost to the
parents;
(2)
Is provided an education that meets the applicable
academic and operating standards provided by the Ohio department of education
and the standards of the educational agency, except for as otherwise required
in rule 3301-51-01 of the Administrative
Code and rule
3301-51-09 of the Administrative
Code; and
(3)
Has all of the rights of a child with a disability who
is served by a public school district.
(E)
Individualized
education programs (IEP)
(1)
General
An individualized education program
must include:
(a)
A statement that discusses the child's future
The individualized education program
team shall ensure that the family and child's preferences and interests are an
essential part of the planning process. The individualized education program
team will document planning information on the individualized education
program;
(b)
A statement of the child's present levels of academic
achievement 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 non disabled 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;
For
children with disabilities who take alternate assessments aligned to alternate
academic achievement standards, a description of benchmarks or short-term
objectives.
(d)
A description
of:
(i)
How the
child's progress toward meeting the annual goals described in paragraph
(E)(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 (E)(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 non disabled children in the activities described in this
rule;
(f)
An explanation of the extent, if any, to which the
child will not participate with non disabled children in the regular class and
in the activities described in paragraph (E)(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
individualized education program 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 (E)(1)(e) of this rule and the anticipated frequency, location, and
duration of those services and modifications.
(2)
Transition
services
Beginning not later than the first
individualized education program to be in effect when the child turns fourteen,
or younger if determined appropriate by the individualized education program
team, and updated annually, thereafter, the individualized education program
must include:
(a)
Appropriate measurable post-secondary goals based upon
age-appropriate transition assessments related to training, education, and, if
assessment data supports the need, independent living skills;
(b)
Appropriate
measurable post-secondary goals based on age-appropriate transition assessments
related to competitive integrated employment; and
(c)
The transition
services (including courses of study) as defined in
34 C.F.R.
300.43, needed to assist the child in
reaching those goals.
(d)
A transition progress report, including a description
of progress toward the completion of transition services as defined in
34 C.F.R.
300.533 shall be provided to the parent at
least as often as report cards are issued to all children. If the school
district provides interim reports to all children, progress reports must be
provided to all parents of a child with a disability concurrent with the
issuance of progress reports for students without a disability.
(3)
Transfer of rights at age of majority
By the child's seventeenth birthday,
which is not later than one year before the child reaches the age of majority
under Ohio law, the individualized education program 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 paragraph (D) of rule
3301-51-05 of the Administrative
Code.
(4)
Construction
Nothing in this rule shall be construed
to require:
(a)
That additional information be included in a child's
individualized education program beyond what is explicitly required in Section
614 of the IDEA; or
(b)
The individualized education program.team to include
information under one component of a child's individualized education
program.that is already contained under another component of the child's
individualized education program.
(F)
Individualized
education program team
(1)
General
The school district must ensure that
the individualized education program 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 educational agency 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 evaluation results, who may be
a member of the team described in paragraphs (F)(1)(b) to (F)(1)(f) of this
rule;
(f)
At the discretion of the parent or the educational
agency, 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.
(2)
Transition
services participants
(a)
In accordance with paragraph (F)(1)(g) of this rule,
the educational agency must invite a child with a disability to attend the
child's individualized education program 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 (E)(2) of this rule.
(b)
If the child does
not attend the individualized education program team meeting, the educational
agency 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 (F)(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.
(3)
Determination of knowledge and special expertise
The determination of the knowledge or
special expertise of any individual described in paragraph (F)(1)(f) of this
rule must be made by the party (parents or educational agency) who invited the
individual to be a member of the individualized education program
team.
(4)
Designating a school district representative
A school district may designate a
school district member of the individualized education program team to also
serve as the district representative, if the criteria in paragraph (F)(1)(d) of
this rule are satisfied.
(5)
Individualized
education program team attendance
(a)
A member of the individualized education program team
described in paragraphs (F)(1)(b) to (F)(1)(e) of this rule is not required to
attend an individualized education program team meeting, in whole or in part,
if the parent of a child with a disability and the educational agency 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 individualized education program team
described in paragraph (F)(5)(a) of this rule may be excused from attending an
individualized education program team 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 educational agency
consent to the excusal; and
(ii)
The member
submits, in writing to the parent and the individualized education program
team, input into the development of the individualized education program prior
to the meeting.
(6)
Initial
individualized education programteam meeting for child under Part C
In the case of a child who was
previously served under Part C of the IDEA, an invitation to the initial
individualized education program team meeting must, at the request of the
parent, be sent to the Part C service coordinator or other representatives of
the Part C system to assist with the smooth transition of
services.
(G)
Parent
participation
(1)
Educational agency responsibility
Each educational agency must take steps
to ensure that one or both of the parents of a child with a disability are
present at each individualized education program team meeting or are afforded
the opportunity to participate, including:
(a)
Notifying 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 on time and
place.
(2)
Information provided to parents
(a)
The notice
required under paragraph (G)(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
(F)(1)(f) and (F)(3) of this rule (relating to the participation of other
individuals on the individualized educational program team who have knowledge
or special expertise about the child), and this rule (relating to the
participation of the Part C service coordinator or other representatives of the
Part C system at the initial individualized education program 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 individualized education
program to be in effect when the child turns fourteen, or younger if determined
appropriate by the individualized education program team, the notice also
must:
(i)
Indicate:
That a
purpose of the meeting will be the consideration of the postsecondary goals and
transition services for the child, in accordance with paragraph (E)(2)(b) of
this rule; and
That the
educational agency will invite the child; and
(ii)
Identify any
other agency that will be invited to send a representative.
(3)
Other methods to ensure parent participation
If neither parent can attend an
individualized education program team meeting, the educational agency must use
other methods to ensure parent participation, including individual or
conference telephone calls, consistent with paragraph (L) of this rule (related
to alternative means of meeting participation).
(4)
Conducting an
individualized education program team meeting without a parent in
attendance
A meeting may be conducted without a
parent in attendance if the educational agency is unable to convince the
parents that they should attend. In this case, the educational agency 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.
(5)
Use of
interpreters or other action, as appropriate
The educational agency must take
whatever action is necessary to ensure that the parent understands the
proceedings of the individualized education program team meeting, including
arranging for an interpreter for parents with deafness or whose native language
is other than English.
(6)
Parent copy of
child's individualized education program
Within thirty calendar days after the
individualized education program meeting, the school district must give the
parent a copy of the child's individualized education program at no cost to the
parent.
(H)
When individualized education program must be in
effect
(1)
General
On or before the child's third birthday
and at the beginning of each subsequent school year, each educational agency
must have in effect, for each child with a disability within its jurisdiction,
an individualized education program, as defined in paragraph (E) of this rule.
The individualized education program shall be implemented as soon as possible
following the individualized education program meeting.
(2)
The initial
individualized education program must be developed and implemented 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
individualized education programs; provision of services
Each school district must ensure
that:
(a)
A meeting to develop an individualized education
program 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 individualized education program, special
education and related services are made available to the child in accordance
with the child's individualized education program.
(c)
Once a child
begins receiving services for the first time under an individualized education
program, the school district in which the child is enrolled shall notify
parents that the child is required to undergo a comprehensive eye exam within
three months in accordance with section
3323.19 of the Revised
Code.
(4)
Accessibility of child's individualized education
program to teachers and others
Each educational agencymust ensure
that:
(a)
The child's individualized education program is
accessible to each regular education teacher, special education teacher,
related services provider, and any other service provider who is responsible
for its implementation; and
(b)
Each teacher and
provider described in paragraph (H)(4)(a) of this rule is informed of:
(i)
The teacher's and
provider's specific responsibilities related to implementing the child's
individualized education program; and
(ii)
The specific
accommodations, modifications, and supports that must be provided for the child
in accordance with the individualized education program.
(5)
Individualized education programs for children who
transfer educational agency in the same state
If a child with a disability (who had
an individualized education program that was in effect in a previous
educational agency 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 individualized
education program from the previous school district of residence), until the
new school district of residence either:
(a)
Adopts the
child's individualized education program from the previous school district of
residence; or
(b)
Develops, adopts, and implements a new individualized
education program that meets the applicable requirements in paragraphs (E) to
(I) of this rule.
(6)
Individualized
education programs for children who transfer from another state
If a child with a disability (who had
an individualized education program that was in effect in a previous
educational agency 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 individualized education program 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 individualized
education program, if appropriate, that meets the applicable requirements in
paragraphs (E) to (I) of this rule.
(7)
Transmittal of
records
To facilitate the transition for a
child described in paragraphs (H)(5) and (H)(6) of this rule:
(a)
The new school
district of residence in which the child enrolls must take reasonable steps to
obtain the child's records within thirty days of enrollment, including the
individualized education program 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);
and
(b)
The previous school district of residence in which the
child was enrolled must respond to the request from the new school district of
residence within thirty days of the notification of the child's enrollment at
the new school district of residence..
(I)
Development,
review, and revision of individualized education program
(1)
Development of
individualized education program
(a)
General
In developing each child's
individualized education program, the individualized education program 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.
(b)
Consideration of special factors
The individualized education program
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 individualized education program;
(iii)
In the case of
a child who is blind or visually impaired:
Provide for instruction in braille and the use of
braille unless the individualized education program 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
Ensure that the additional requirements for
individualized education programs for children who are blind or visually
impaired are included 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)
Requirement with
respect to regular education teacher
A regular education teacher of a child
with a disability, as a member of the individualized education program team,
must, to the extent appropriate, participate in the development of the
individualized education program 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 (E)(1)(e) of this rule.
(d)
Agreement
(i)
In making changes
to a child's individualized education program after the annual individualized
education program team meeting for a school year, the parent of a child with a
disability and the educational agency may agree not to convene an
individualized education program team meeting for the purposes of making those
changes, and instead may develop a written document to amend or modify the
child's current individualized education program.
(ii)
If the
individualized education program team amends or modifies the child's current
individualized education program, as described in paragraph (I)(1)(d)(i) of
this rule, the annual review date for the amended or modified individualized
education program does not change. The annual review date will change upon a
complete review and revision of the child's individualized education program as
outlined in paragraph (I)(2) of this rule.
(iii)
If changes are
made to the child's individualized education program in accordance with
paragraph (I)(1)(d)(i) of this rule, the educational agency must ensure that
the child's team is informed of those changes.
(e)
Consolidation of
individualized education program team meetings
To the extent possible, the educational
agency must encourage the consolidation of reevaluation meetings for the child
and other individualized education program team meetings for the
child.
(f)
Amendments
Changes to the individualized education
program may be made either by the entire individualized education program team
at an individualized education program team meeting, or as provided in
paragraph (I)(1)(d) of this rule, by amending the individualized education
program rather than by redrafting the entire individualized education program.
When an individualized education program is amended the school district shall
send a copy of the amended individualized education program to the parent
within thirty calendar days of the date the individualized education program
was amended, the date of the amendment does not change the annual
individualized education program review date.
(2)
Review and
revision of individualized education program
(a)
General
Each school district must ensure that,
subject to paragraphs (I)(2)(b) and (I)(2)(c) of this rule, the individualized
education program team:
(i)
Reviews the child's individualized education program
periodically, but not less than annually, to determine whether the annual goals
for the child are being achieved; and
(ii)
Revises the
individualized education program, as appropriate, to address:
Any lack of expected progress toward the annual goals
described in paragraph (E)(1)(c) of this rule, and in the general education
curriculum, if appropriate;
The results of any reevaluation conducted under rule
3301-51-06 of the Administrative
Code;
Information about the
child provided to, or by, the parents, as described under paragraph (F)(1)(b)
of rule 3301-51-06 of the Administrative
Code;
The child's
anticipated needs; or
Other
matters.
(b)
Consideration of
special factors
In conducting a review of the child's
individualized education program, the individualized education program team
must consider the special factors described in paragraph (I)(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 individualized education program team, must,
consistent with paragraph (I)(1)(c) of this rule, participate in the review and
revision of the individualized education program of the child.
(3)
Failure to meet transition objectives
(a)
Participating
agency failure
If a participating agency, other than
the educational agency, fails to provide the transition services described in
the individualized education program in accordance with paragraph (E)(2) of
this rule, the school district must reconvene the individualized education
program team to identify alternative strategies to meet the transition
objectives for the child set out in the individualized education
program.
(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.
(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 (E)(1)(h) of this
rule (relating to participation of children with disabilities in general
assessments).
(ii)
The requirements in paragraph (E)(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)
Modifications of individualized education program or
placement
(i)
Subject to paragraph (I)(4)(b)(ii) of this rule, the individualized education
program 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
individualized education program or placement if the state has demonstrated a
bona fide security or compelling penological interest that cannot otherwise be
accommodated.
(ii)
The requirements of paragraph (E) of this rule do not
apply with respect to the modifications described in paragraph (I)(4)(b)(i) of
this rule.
(J)
Nonpublic school
placements by public school districts
(1)
Developing
individualized education programs
(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 individualized
education program for the child in accordance with paragraphs (E) and (I) of
this rule.
(b)
The educational agency must ensure that a
representative of the nonpublic school or facility attends the meeting. If the
representative cannot attend, the educational agency district must use other
methods to ensure participation by the nonpublic school or facility, including
individual or conference telephone calls.
(2)
Reviewing and
revising individualized education programs
(a)
After a child
with a disability enters a nonpublic school or facility, any meetings to review
and revise the child's individualized education program may be initiated and
conducted by the nonpublic school or facility at the discretion of the public
educational agency.
(b)
If the nonpublic school or facility initiates and
conducts these meetings, the public educational agency must ensure that the
parents and an educational agency representative:
(i)
Are involved in
any decision about the child's individualized education program;
and
(ii)
Agree to any proposed changes in the individualized
education program before those changes are implemented.
(3)
Responsibility
Even if a nonpublic school or facility
implements a child's individualized education program, responsibility for
compliance with this rule remains with the public educational agency and the
Ohio department of education.
(K)
Educational
placements
Consistent with
34 C.F.R.
300.501(c), each educational
agency must ensure that the parents of each child with a disability are members
of any group that makes decisions on the educational placement of their
child.
(L)
Alternative means of meeting participation
When conducting individualized
education program team meetings and placement meetings pursuant to this rule,
and Subpart E of Part B of the IDEA, and carrying out administrative matters
under Section 615 of the IDEA (such as scheduling, exchange of witness lists,
and status conferences), the parent of a child with a disability and an
educational agency may agree to use alternative means of meeting participation,
such as video conferences and conference calls.
Replaces: 3301-51-07
