Current through all regulations passed and filed through September 16, 2024
(A)
Least restrictive environment (LRE)
Each educational agency will ensure that
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 non disabled.
(B) Least restrictive environment
General
(1) Except as
provided in rule
3301-51-07 of the Administrative
Code regarding children with disabilities in adult prisons, each school
district will adopt and implement written policies and
procedures approved by the department
of education and workforce,
to ensure
that the school district meets the least restrictive environment
provisions of this rule.
(2) Each educational agency
will
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 non disabled; 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 use of
supplementary aids and services cannot be achieved satisfactorily.
(C) Continuum of
alternative placements
(1) Each educational
agency will ensure that a continuum of alternative placements
is available to meet the needs of children with disabilities for special
education and related services.
(2)
The continuum specified in paragraph (C)(1) of this rule
will:
(a) Include the alternative placements listed
in the definition of special education under rule
3301-51-01 of the Administrative
Code (instruction in regular classes, special classes, special schools, home
instruction, and instruction in hospitals and institutions); and
(b) Make provision for supplementary services
(such as resource room or itinerant instruction) to be provided in conjunction
with regular class placement.
(D) Placements
In determining the educational placement of a child with a
disability, including a preschool child with a disability, each educational
agency will ensure that:
(1) The placement decision:
(a) Is made by a group of persons, including
the parents and other persons knowledgeable about the child, the meaning of the
evaluation data, and the placement options; and
(b) Is made in conformity with the least
restrictive environment provisions in paragraphs (B) to (E) of this
rule.
(2) The child's
placement:
(a) Is determined at least
annually;
(b) Is based on the
child's individualized education program (IEP); and
(c) Is as close as possible to the child's
home;
(3) Unless the IEP
of a child with a disability necessitates some other arrangement, the child is
educated in the school that the child would attend if non disabled;
(4) In selecting the least restrictive
environment, consideration is given to any potential harmful effect on the
child or on the quality of services that the child needs; and
(5) A child with a disability is not removed
from education in age-appropriate regular classrooms solely because of needed
modifications in the general education curriculum.
(E) Nonacademic settings
In providing or arranging for the provision of nonacademic and
extracurricular services and activities, including meals, recess periods, and
the services and activities set forth in rule
3301-51-02 of the Administrative
Code, each educational agency
will ensure that
each child with a disability participates with non disabled children in the
extracurricular services and activities to the maximum extent appropriate to
the needs of that child. The educational agency will ensure that
each child with a disability has the supplementary aids and services determined
by the child's IEP team to be appropriate and necessary for the child to
participate in nonacademic settings.
(F) Length of school day and school year
Each child with a disability will be
ensured:
(1) A school day consistent
with rule
3301-35-06 of the Administrative
Code and consistent in length to that provided to a child without disabilities,
with special education and related services being provided during the regular
school day unless otherwise indicated on the IEP; and
(2) A school year consistent with rule
3301-35-06 of the Administrative
Code and consistent in length to that provided to a child without disabilities
with special education and related services being implemented at the beginning
of each school year.
(G)
Role of preschool and school-age service providers
(1) The educational agency
will
assign early childhood, and school-age intervention specialists, and/or related
service providers to meet the unique educational needs of each child with a
disability. The school-age service provider may provide indirect or direct
services in one or any combination of instructional groupings, including large
group, small group, individual instruction, or parent and teacher training and
consultation.
(2) The
educational agency will ensure early childhood and
school-age intervention specialists, and/or related service providers:
(a) Serve children with disabilities to
assure a free appropriate public education and may serve children without
disabilities where needs for services are identified;
(b) Support regular education teachers in
serving and/or consulting about children with and without disabilities so that
the regular education personnel, in partnership with the special education
service providers and related service personnel, can implement a child's
individualized education program in the least restrictive
environment;
(c) Assist in
organizing and facilitating supplemental supports provided within the regular
classroom;
(d) Design parent
involvement activities; and
(e)
Implement educational interventions and specially designed instruction which
means adapting, as appropriate, to the needs of the eligible child, the
content, methodology, or delivery of instruction:
(i) To address the unique needs of the child
that result from the child's disability; and
(ii) To ensure access to the general
curriculum so that the child can meet the educational standards adopted by the
state board of education that apply to all children.
(3) The educational agency
will
ensure services of paraprofessionals and related service assistants are
supervised in accordance with Ohio law.
(H) Personnel qualifications and personnel
development
(1) General
The educational agency will ensure that
all personnel necessary to carry out the purposes of Part B of the Individuals
with Disabilities Education Act, as amended by the Individuals with
Disabilities Education Improvement Act of 2004, December 2004 (IDEA)
will be
employed and will be appropriately and adequately prepared and
trained, including that those personnel have the content knowledge and skills
to serve children with disabilities. Personnel will have
appropriate certification or licensure as defined by Chapter 3301-24 of the
Administrative Code.
(2)
Related services personnel and paraprofessionals
The qualifications under paragraph (H)(1) of this rule
will
include qualifications for related services personnel and paraprofessionals
that:
(a) Are consistent with
state-approved or state-recognized certification, licensing, registration, or
other comparable provisions that apply to the professional discipline
in which those personnel are providing special education or related services;
and
(b) Ensure that related
services personnel who deliver services in their discipline or profession:
(i) Meet the provisions of paragraph (H)(2)(a) of this rule;
and
(ii) Have not had certification
or licensure obligations waived on an emergency, temporary, or
provisional basis; and
(iii) Allow
paraprofessionals and assistants who are appropriately trained and supervised,
in accordance with state law, regulation, or written policy, in meeting the
provisions of this rule, to be used to assist in the
provision of special education and related services under this rule to children
with disabilities.
(a) Paraprofessionals
providing services to children with disabilities will hold an
educational aide permit or associate license and meets
the
provisions under paragraph (I) of rule
3301-24-05 of the Administrative
Code. Any educational agency that employs a paraprofessional
will
have written policies and procedures outlining:
(i) Criteria for staff selection;
(ii) A planned sequence of continuing
education and annual training opportunities to enable the paraprofessional to
continue to develop the knowledge and skills that are specific to the students
with whom the paraprofessional works, including following lesson plans,
implementing follow-up instructional procedures and activities, supporting
effective classroom organization and behavior management, and working
effectively with teachers and as part of an instructional team;
(iii) A process for direct continuing
supervision by one or more licensed teachers or service providers and
evaluation of the services of such personnel; and
(iv) A job description of the role and
function of a paraprofessional.
(b) Personnel serving as school psychology
interns will hold a temporary pupil service license as
specified by paragraph (A)(5) of rule
3301-23-44 of the Administrative
Code and will be enrolled in school psychologist preparation
programs while completing the program internship.
(c)
Ensure that
personnel serving as physical therapists are licensed pursuant to Chapter 4755.
of the Revised Code to practice physical therapy; physical therapist assistants
are licensed pursuant to Chapter 4755. of the Revised Code to assist in the
provision of physical therapy services under the supervision of a licensed
physical therapist; and physical therapists and physical therapist assistants
practice in accordance with sections
4755.40 to
4755.56 of the Revised Code and
Chapters 4755-21 to 4755-29 of the Administrative Code.
(d)
Ensure that
personnel serving as occupational therapists are licensed pursuant to Chapter
4755. of the Revised Code to practice occupational therapy; occupational
therapy assistants are licensed pursuant to Chapter 4755. of the Revised Code
to assist in the provision of occupational therapy services under the
supervision of a licensed occupational therapist; and occupational therapists
and occupational therapy assistants practice in accordance with sections
4755.04 to
4755.13 of the Revised Code and
Chapters 4755-1 to 4755-9 of the Administrative Code.
(3) Qualifications for
special education teachers
The qualifications described in paragraph (H)(1) of this rule
will
ensure that each person employed as a public school special education teacher
in the state who teaches in an elementary school, middle school, or secondary
school has obtained full state certification as a special education teacher and
include qualifications for special education teachers that:
(a) Are consistent with state-approved or
state-recognized certification, licensing, registration, or other comparable
provisions that apply to the professional discipline
in which those personnel are providing special education or related services;
and
(b) Ensure that licensed
special education teachers who deliver services in their discipline or
profession:
(i) Meet the
provisions of paragraph (H)(3)(a) of this rule;
and
(ii) Have not had certification
or licensure provisions waived on an emergency, temporary, or
provisional basis.
(4) Qualifications for supervisory personnel
Personnel with supervisory responsibilities for the delivery of
special education services will hold a valid administrator license and be appropriately licensed as
specified by rule
3301-24-05 of the Administrative
Code and in compliance with each educational agency's approved board
policies.
"Supervisory and coordinator services" includes, but is not
limited to, providing information and explanation to all personnel who provide
special education and related services to students with disabilities regarding
state and federal laws, educating staff on recommended practices, and other
topics essential for the delivery of services to children with disabilities;
helping educational agency personnel evaluate the
effectiveness of special education and related services; and providing
in-service education to parents and personnel involved in educating children
with disabilities.
(5)
Policy
(a) Educational agencies in the state
will
take measurable steps to recruit, hire, train, and retain proper state
certification to provide special education and related services under this rule
to children with disabilities.
(b)
Personnel will be provided professional development that aligns
with educational agency goals and objectives and meets the changing needs of
children as provided by rule
3301-35-05 of the Administrative
Code.
(6) Rule of
construction
Notwithstanding any other individual right of action that a
parent or child may maintain under this rule, nothing in this rule
will be
construed to create a right of action on behalf of an individual child or a
class of children for the failure of a particular department of education
and workforce or educational agency employee to
be properly certified, or to prevent a parent from filing a complaint about
staff qualifications with the
department of education and workforce as provided
for under this rule.
(7)
Transition services
Transition services will be
coordinated and provided by individuals who have the competencies, experiences,
and training to meet the child's transition service needs.
(a) Individuals who coordinate transition
services will either:
(i)
Obtain the transition to work endorsement as defined in rule
3301-24-05 of the Administrative
Code; or
(ii) Possess the skills
and knowledge as defined in rule
3301-51-01 of the Administrative
Code.
(b) Individuals
who provide transition services as defined in rule
3301-51-01 of the Administrative
Code will possess the appropriate credential, skills, or knowledge necessary to
carry out the transition services designated within the child's individualized
education program.
(I) Service provider workload determination
for delivery of services
Educational agencies providing special education and related
services to children with disabilities will ensure that the educational agency
and all service providers implement the individualized education programs for
each child with a disability in the classrooms, including resource rooms, in
which they provide service during regular school hours based upon all of the
factors set forth in this rule. For additional preschool service provider
workload determination see rule
3301-51-11 of the Administrative
Code.
(1) Workload for an individual
service provider will be determined by the following process, which
incorporates the following components:
(a) All
areas of service provided to children with and without disabilities, including,
but not limited to school duties, staff meetings, professional development,
supervisions, travel/transitions, screening, assessment, evaluation, progress
documentation and reporting, secondary transition service planning,
conferencing/consultation collaborative planning, documentation for individual
students, and third party billing obligations.
(b) Services for children with disabilities
will be based on the unique needs of the individual child and will take into
consideration the severity of each child's need, and the level and frequency of
services necessary to provide a free and appropriate public
education.
(c) Time needed for
planning in accordance with rule
3301-35-05 of the Administrative
Code including statutory and/or contractual agreements applicable to the
educational agency.
(2)
School-age service providers serving grades kindergarten through age twenty-
one will provide specially designed instruction in accordance with the
following provisions limiting the number of students per
licensed professional, as set forth in paragraphs (I)(2)(a) to (I)(2)(h) of
this rule.
(a) An intervention specialist
will
serve no more than sixteen children at the elementary, middle, or junior high
school levels, or no more than twenty-four children at the high school level
with intellectual disabilities.
(i) No more
than twelve children at the elementary, middle, or junior high school levels,
or no more than sixteen children at the senior high school level
will be
served during any one instruction period.
(ii) The age range will not exceed
sixty months within any one instructional period.
(b) An intervention specialist
will
serve no more than sixteen children at the elementary, middle, or junior high
school levels, or no more than twenty-four children at the high school level
with specific learning disabilities.
(i) No
more than twelve children will be served during any one instructional
period.
(ii) The age range
will not
exceed sixty months within any one instructional period.
(c) An intervention specialist
will
serve no more than ten children with hearing impairments, visual impairments,
orthopedic impairments, and/or other health impairments.
(i) No more than eight children
will be
served during any one instructional period.
(ii) The age range will not exceed
forty-eight months within any one instructional period.
(d) An intervention specialist
will
serve no more than twelve children with emotional disturbances.
(i) No more than ten children
will be
served during any one instructional period.
(ii) The age range will not exceed
forty-eight months within any one instructional period.
(iii) There should be a plan on file and in
operation in the educational agency to provide appropriate classroom
management and crisis intervention support.
(iv) In the absence of a plan, the
educational agency will employ at least one full-time
paraprofessional in each special class for these children.
(e) An intervention specialist
will
serve no more than eight children with multiple disabilities.
(i) No more than eight children
will be
served during any one instructional period.
(ii) The age range will not exceed
sixty months within any one instructional period.
(iii) There will be at least
one full-time paraprofessional in each special class for children with multiple
disabilities.
(f) An
intervention specialist will serve no more than six children with autism,
deaf-blindness and/or traumatic brain injury.
(i) The age range will not exceed
sixty months within any one instructional period; and
(ii) There will be at least
one full-time paraprofessional in each special class for these
children.
(g) An
intervention specialist may serve multiple categories of children with
disabilities for which the person is properly certified. The ratio for this
service will be determined in accordance with paragraph (I)(1)
of this rule and will not exceed sixteen children at the elementary,
middle, or junior high school levels, or no more than twenty-four at the high
school level.
(i) No more than sixteen
children at the elementary, middle, or junior high school levels, or no more
than twenty-four children at the high school level will be served
during any one instructional period.
(ii) The age range will not exceed
sixty months within any one instructional period.
(iii) Indirect and direct services
will be
provided in accordance with each child's individualized education
program.
(h) An adapted
physical education specialist will serve no more than one hundred children with
disabilities.
(3)
Related service providers for preschool and school-age children with
disabilities will provide specially designed instruction in
accordance with the following provisions limiting the number of students per
licensed professional:
(a) An audiologist
will
provide services to no more than one hundred school-age children with
disabilities or no more than seventy-five preschool children with
disabilities.
(b) An occupational
therapist will provide services to no more than fifty school-age
children with disabilities or no more than forty preschool children with
disabilities. An occupational therapy assistant who provides occupational
therapy techniques will do so under the general supervision of an
occupational therapist as provided
under rules
4755-7-01 and
4755-7-03 of the Administrative
Code.
(c) An orientation and
mobility instructor will provide services to no more than fifty school-age
children with disabilities or no more than forty preschool children with
disabilities.
(d) A physical
therapist will provide services to no more than fifty school-age
children with disabilities or no more than forty preschool children with
disabilities. A physical therapist assistant who assists in the provision of
physical therapy services will do so under the supervision of a physical
therapist as provided
under Chapter 4755-27 of the Administrative
Code.
(e) A speech and language
pathologist will provide services to no more than:
(i) Eighty school-age children with
disabilities, or
(ii) No more than
fifty school-age children with multiple disabilities, hearing impairments,
autism, orthopedic impairments or other health impairments, or
(iii) No more than fifty preschool children
with disabilities, or
(iv) A
combination of preschool and school-age children with disabilities or children
with multiple disabilities, hearing impairment, autism, orthopedic impairments,
or other health impairments proportionate to the ratios set forth in paragraphs
(I)(3)(f)(i) to (I)(3)(f)(iii) of this rule.
Each school district will provide
speech and language pathology services as specified by
division (F) of section
3317.15 of the Revised
Code.
(f) A
school psychologist will provide services to no more than:
(i) One hundred twenty-five school-age
children with disabilities, or
(ii)
Seventy-five preschool children with disabilities, or
(iii) A combination of preschool and
school-age children with disabilities proportionate with the ratios set forth
in paragraphs (I)(3)(f)(i) and (I)(3)(f)(ii) of this rule.
Psychological services are defined in rule
3301-51-01 of the Administrative
Code. Each school district will provide school psychological services as
specified by division (F) of section
3317.15 of the Revised
Code.
(4) Transition services
will be:
(a) Coordinated by personnel who possess the
credential or skills and knowledge as defined in this rule;
(i) Personnel coordinating transition
services will provide services to no more than seventy-five children with
disabilities age fourteen through twenty-one, inclusive, or younger if
determined appropriate by the individualized education program team;
and
(ii) Personnel coordinating
transition services will provide services to no more than twenty intervention
specialists who are providing services to students with disabilities age
fourteen through twenty- one, inclusive, or younger as determined appropriate
by the individualized education program team.
(b) Provided per division (O) of section
3323.01 of the Revised Code by
individuals who possess the credential or skills and knowledge as defined in
this rule.
(c) Personnel
coordinating and providing transition services while serving in the capacity of
a school age or related service provider will operate in accordance with the
workload determination for delivery of service as defined in this rule and
provisions limiting the number of students per
licensed professional as described in this rule.
(5) Supervisory services
A supervisor, as provided in
this rule, will:
(a) Provide services,
to no more than twenty intervention specialists who are providing services to
children with disabilities; or
(b)
Provide services to no more than twenty speech and language pathologists;
or
(c) Provide services to no more
than twenty school psychologists.
(d) Supervise an occupational therapy
assistant under rule
4755-7-01 of the Administrative
Code.
(e) Supervise a physical
therapist assistant under Chapter 4755-27 of the Administrative
Code.
(J)
Housing, facilities, materials, and equipment and supplies for preschool and
school-age programs
(1) Children and service
providers will have a service area that will accommodate the
special needs of the children in attendance and be of sufficient capacity to
accommodate the use and storage of special equipment and teaching materials.
Service areas used for special education classrooms will be
equivalent to those used for general education classrooms.
(2) Each service provider
will have
access to an office or room space suitable for private consultation or
intervention; access to a telephone in an area where scheduling, parent
contacts, and confidential conversations regarding children can be completed;
and adequate office equipment including a locking file cabinet with a key and
supplies.
(3) Service areas
will be
equipped with the appropriate materials, equipment, and facilities necessary to
identify children with disabilities and to implement the child's individualized
education program and meet the educational, physical, developmental, and
learning needs of children within the area.
(4) The service areas for intervention
specialists will be located in the section of the building that
houses children without disabilities of comparable age.
(5) The service areas
will
provide a work environment that supports service providers and is conducive to
children's learning consistent with rule
3301-35-05 of the Administrative
Code. Instructional materials, equipment, and technology
will be
provided to support each child's progress toward meeting educational
objectives.
(6) Evaluation and
instructional materials and equipment will be provided
to enable the child with a disability to progress in the general curriculum or
in the case of preschool, developmentally appropriate activities, and meet both
individualized education program and performance objectives.
(7) Children with disabilities
will
have the same access to textbooks, educational materials, and computer
technology that is provided to children without disabilities.
(8) Additional materials and/or technology
will be
provided to allow children with disabilities access to the materials used in
the general curriculum.
(9)
Equipment that is utilized for children with disabilities
will be
adequately maintained and promptly repaired.
(K) Waiver
(1) If an educational agency exceeds the
workload provisions in paragraph (I) of this rule
an educational agency will file a waiver request
with the
department of education
and workforce. An educational agency may be granted a
waiver for individual service provider limits or for age-range per
instructional period as referenced by this rule.
(2) Requests will be submitted
in writing to the department of
education and workforce. The written request
will
include, but not be limited to, the following:
(a) Identification of the specific rule for
which a waiver is being requested;
(b) Specific period of time for which the
waiver is requested; and
(c)
Rationale for the request.
(L)
Mandatory medication
(1) General
School district personnel are not authorized to direct parents to obtain a
prescription for substances identified under schedules I, II, III, IV, or V in
Section 202(c) of the Controlled Substances Act as amended and specified in the
Anabolic Steroids Control Act of 1990, November 1990,
21 U.S.C.
812(c) for a child as a
condition of attending school, receiving an evaluation under rule
3301-51-06 of the Administrative
Code, or receiving services under this rule.
(2) Rule of construction
Nothing in paragraph (L)(1) of this rule
will be
construed to prevent teachers and other school
personnel consulting or sharing classroom-based observations with parents or
guardians regarding a child's academic and functional performance, or behavior
in the classroom or school, or regarding the need for evaluation for special
education or related services under rules
3301-51-03 and
3301-51-06 of the Administrative
Code.