Ohio Administrative Code
Title 3301 - Department of Education - Administration and Director
Chapter 3301-51 - Education of Students with Special Needs
Section 3301-51-20 - Admission, transfer, suspension, and expulsion standard for the Ohio state schools for the blind and deaf
Universal Citation: OH Admin Code 3301-51-20
Current through all regulations passed and filed through September 16, 2024
(A) Definitions
(1)
"Deaf/hard of
hearing" refers to children who qualify under the special education eligibility
categories of deafness and hearing impairment.
(2)
"Deaf-blindness"
mean co-occurring hearing and visual impairments, the combination of which
causes such severe communication and other developmental and educational needs
that they cannot be accommodated in special education programs solely for
children with deafness or children with blindness.
(3)
"Deafness" means
a hearing impairment that is so severe that a child is impaired in processing
linguistic information through hearing, with or without amplification that
adversely affect a child's educational performance.
(4)
"Hearing
impairment" means an impairment in hearing, whether permanent or fluctuating,
that adversely affects a child's educational performance but that is not
included under the definition of deafness in rule
3301-51-01 of the Administrative
Code.
(5)
"Parent" means:
(a)
A biological or
adoptive parent of a child but not a foster parent of a child;
(b)
A guardian
generally authorized to act as the child's parent, or authorized to make
educational decisions for the child (but not the state if the child is a ward
of the state);
(c)
An individual acting in the place of a biological or
adoptive parent (including a grandparent, stepparent, or other relative) with
whom the child lives, or an individual who is legally responsible for the
child's welfare; or
(d)
A surrogate parent who has been appointed in accordance
with rule
3301-51-05 of the Administrative
Code.
(e)
Except as provided in paragraph (A)(5)(f) of this rule,
the biological or adoptive parent, when attempting to act as the parent under
this rule and when more than one party is qualified under this rule to act as a
parent, must be presumed to be the parent for purpose of this chapter of the
Administrative Code unless the biological or adoptive parent does not have
legal authority to make educational decisions for the child.
(f)
If a judicial
decree or order identifies a specific person or persons under paragraphs
(A)(5)(a) to (A)(5)(c) of this rule to act as the parent of a child or to make
educational decisions on behalf of a child, then such person or persons shall
by determined to be the parent for purposes of this rule.
(6)
"School district of residence" means:
(a)
The school
district in which the child's parents reside;
(b)
If the child is
enrolled in a community school, the community school is considered to be the
"school district of residence";
(c)
If the school
district specified in paragraph (A)(6)(a) or (A)(6)(b) of this rule cannot be
determined, the last school district in which the child's parents are known to
have resided if the parents' whereabouts are unknown;
(d)
Notwithstanding
paragraphs (A)(6)(a) to (A)(6)(d) of this rule, if a school district is
required by section 3313.65 of the Revised Code to
pay tuition for a child, that district shall be the child's school district of
residence.
(7)
"Visual impairment" including blindness means an
impairment in vision that, even with correction, adversely affects a child's
educational performance.
(a)
The term "visual impairment" includes partial
blindness, deafness, deaf-blindness, blindness, or multiple disabilities if one
of the disabilities is vision related;
(b)
The term "visual
impairment" does not include a disorder in which one or more of the basic
psychological processes, such as perceptual disabilities, brain injury, minimal
brain dysfunction, dyslexia, and developmental aphasia.
(B) Admission
(1)
Evaluation
(a)
All children referred for placement at the Ohio school
for the deaf or the Ohio state school for the blind will be given an initial
evaluation by the school district of residence, which shall be conducted in
accordance with rules
3301-51-05 and
3301-51-06 of the Administrative
Code, and may include, but is not limited to, the following:
(i)
For deaf/hard of
hearing children: the communication needs of children; the child's and parent's
preferred mode of communication; the child's linguistic needs; the severity of
the hearing loss and potential use of residual hearing; the child's academic
level; the social, emotional, and cultural needs of the child; opportunities
for deaf/hard of hearing peer interactions and communication; consideration of
the curriculum content and method of delivery; the child's need for direct
instruction and interaction with teachers; opportunities for participation in
extra-curricular activities; and access to specialists who are familiar with
the needs of deaf/hard of hearing children.
(ii)
For children
with blindness or visual impairment: interpretation of medical vision
examination information from an optometrist or ophthalmologist; functional
vision, visual efficiency, low vision aids assessment; tactile, auditory, and
other sensory skills; assessment of use of learning media (braille and print);
cognitive development and intellectual functioning; academic skills; gross and
fine motor development; orientation and mobility skills; career and vocational
skills; daily living, recreation, and leisure skills; technology and skills for
child access to the curriculum; environmental adaptations and accommodations
necessary to meet the child's learning needs.
(b)
The
superintendent(s) of the state school for the deaf and the state school for the
blind, or their designee, may request an evaluation by the evaluation team at
the state school for the deaf or the state school for the blind if the
information provided by the school district of residence does not satisfy the
criteria needed for placement consideration. Evaluation by the state school for
the deaf or the state school for the blind's evaluation team shall also be
conducted in accordance with rules
3301-51-05 and
3301-51-06 of the Administrative
Code.
(2)
Placement
(a)
The superintendent of the school district of residence,
or his or her designee, shall convene an individualized education program (IEP)
team meeting to review the evaluation's findings, child's needs, and to
determine placement.
(b)
The placement decision shall be based on the
eligibility and free appropriate public education (FAPE) requirements contained
in rules
3301-51-01 to
3301-51-10 and rule
3301-51-21 of the Administrative
Code "Ohio Operating Standards for the Education of Children with Disabilities"
along with the following standards:
(i)
That there is adequate space in the facility and/or
program;
(ii)
That the child meets the federal definition of a
hearing impairment (including deafness), a visual impairment (including
blindness) or the child meets the definition of deaf-blindness as defined in
the federal register at 34
C.F.R. 300.89 ; and
(iii)
That the child
has the potential for physical, emotional, and social maturity to adjust to the
discipline of formal instruction and group living.
(3)
Appeal
procedure - If the superintendent(s) of the state school for the deaf and the
state school for the blind objects to the placement decision by the referring
school district superintendent and the individualized education program (IEP)
team, then the following procedures shall be followed:
(a)
The
superintendent(s) of the state school for the deaf and the state school for the
blind shall make a written objection to the superintendent of the school
district of residence stating the specific reasons for objecting to the
placement. A copy of the written objection shall be provided to the parents of
the child. The superintendent of the school district of residence shall conduct
a review, hold an informal hearing, and shall notify in writing all parties
involved, including the parents, of his/her decision within twenty
days.
(b)
If the superintendent of the school district of
residence and the superintendent(s) of the state school for the deaf and the
state school for the blind cannot resolve their disagreement over placement of
a child, then a representative of the Ohio department of education will conduct
an administrative review of the facts of the case, may hold an informal hearing
with those involved, issue a placement decision within twenty days of the
informal hearing and communicate that decision in writing to the superintendent
of the school district of residence, the superintendent(s), and the parents of
the child.
(c)
The superintendent of the school district of residence
or the superintendent(s) of the state school for the deaf and the state school
for the blind may present a formal objection in writing within twenty days to
the school district of residence's board of education and the superintendent
and request an impartial due process hearing. A copy of the written objection
shall be provided to the parents of the child.
(d)
An impartial
hearing officer, appointed by the Ohio department of education, shall conduct a
hearing to review the placement decision. The parents shall be provided with
prior written notice regarding the hearing. The decision of the hearing officer
shall be final, except that any party to the hearing may appeal the finding or
decision in accordance with division (H) of section
3323.05 of the Revised
Code.
(i)
The
educational status of the child will not be changed unless the state school for
the deaf or the state school for the blind and the child's district of
residence and the parent of the child agree otherwise; or, if applying for
initial admission to a public school, shall, with the consent of the parents,
be placed in a public school program until all such proceedings have been
completed.
(ii)
Cost incurred in the impartial due process hearing
procedure will be divided equally between the referring school district and the
state school for the deaf or the state school for the blind pursuant to section
3323.04 of the Revised
Code.
(e)
Nothing in this rule shall preclude a parent from
exercising rights available to them in rules
3301-51-01 to
3301-51-10 of the Administrative
Code, the "Ohio Operating Standards for the Education of Children with
Disabilities."
(C) Dismissal program
(1)
If,
in the judgment of the superintendent(s) of the state school for the deaf and
the state school for the blind and the individualized eucation program (IEP)
team, the program is not appropriate for the child, the superintendent(s) of
the state school for the deaf and the state school for the blind shall inform
the superintendent of the school district of residence and the parent in
writing of his or her intention to dismiss the child from the state school for
the deaf or the state school for the blindin accordance with the authority
contained in section 3325.03 of the Revised Code.
Such written notice shall state the reasons supporting the superintendent(s) of
the state school for the deaf and the state school for the blind's intention to
dismiss the child.
(2)
The superintendent(s) of the state school for the deaf
and the state school for the blind may request an evaluation. Parental consent
is required in accordance with paragraph (C)(4) of rule
3301-51-05 of the Administrative
Code. Results of the evaluation will be provided to the superintendent(s) of
the state school for the deaf and the state school for the blind, the
individualized education program (IEP) team, the superintendent of the school
district of residence, and the parents.
(3)
If the
superintendent of the school district of residence or the parent of the child
objects to the intention to dismiss the child, the steps in paragraphs
(B)(3)(a) to (B)(3)(d) of this rule regarding the appeal procedure identified
in paragraph (B)(3) of this rule shall be followed. The educational status of
the child shall not change until all appeal proceedings are completed.
(D) Suspension, expulsion and temporary removal shall follow procedures outlined in section 3313.668 of the Revised Code and in paragraphs (K)(19) to (K)(25) of rule 3301-51-05 of the Administrative Code.
(1)
Suspension, expulsion or temporary removal may result from one or more of the
following: damaging or attempting to damage property on or off campus;
disrupting school or other campus and dormitory activities; any acts of
violence, force, coercion, extortion or threat; assault or attempted assault on
other pupils or employees; possessing, using, transmitting or concealing any
weapon, alcohol or drug; arson or attempted arson; theft; reckless operation of
a vehicle on or near campus; truancy; or any other personal and/or social
behavior deemed unacceptable by the superintendent(s) of the state school for
the deaf and the state school for the blind or designee.
(2)
All suspensions
and expulsions will be approved by the superintendent(s) of the state school
for the deaf and the state school for the blind and shall be in accordance with
the following procedures:
(a)
Suspension shall not exceed ten school days in a given
school year. Prior to suspension, the child and his or her parent shall be
given:
(i)
Written notice of and reasons for the intended
suspension.
(ii)
An opportunity to appear at an informal hearing before
the superintendent(s) of the state school for the deaf and the state school for
the blind or his or her designee and challenge the reasons for the intended
suspension.
(b)
Prior to expulsion the child and his or her parent
shall be given:
(i)
Written notice of and reasons for the intention to
expel the child.
(ii)
An opportunity to appear at an informal hearing before
the superintendent(s) of the state school for the deaf and the state school for
the blind or his or her designee to challenge the reasons for the intended
expulsion. The time and place of the informal hearing shall be designated in
the notice.
(iii)
The state school for the deaf and the state school for
the blind shall consult with the school district of residence to ensure the
provision of a free, appropriate public education (FAPE), and compliance with
the Individuals with Disabilities Education Improvement Act (December 2004)
during the expulsion.
(c)
Special
circumstances warranting temporary removal. The state school for the deaf and
the state school for the blind may remove a child to an interim alternative
educational setting as determined by the individualized education program (IEP)
team for not more than forty-five school days without regard to whether the
behavior is determined to be a manifestation of the child's disability in the
special circumstances outlined in paragraph (K)(19)(g) of rule
3301-51-05 of the Administrative
Code.
(i)
The
parent of a child temporarily removed shall be given written notice of the
reasons for removal as soon as practicable after the removal.
(ii)
The state school
for the deaf or the state school for the blind shall conduct a hearing within
seventy-two hours from the time of the removal order notice.
(iii)
The state
school for the deaf or the state school for the blind shall immediately consult
with the school district of residence regarding an interim alternative
educational setting, emergency health service, and a change of
placement.
(3)
Suspension,
expulsion, and temporary removal notices shall be sent to the child's parent or
custodian, a representative of the Ohio department of education, and the
superintendent of the school district of residence. The notice shall include
reasons for suspension or expulsion and the right of appeal to a representative
of the Ohio department of education. Notice shall be given within twenty-four
hours after the suspension or expulsion.
Replaces: 3301-51-20
Disclaimer: These regulations may not be the most recent version. Ohio may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
