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March/April, 2008 FORUM Article

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State Board Approves Some Special Ed "Operating Standards"

At its March 10 and 11, 2008 meeting, Ohio’s State Board of Education approved the new special education Rules 01 through 04, and 06 through 09. These rules, along with 05 (due process and procedural safeguards) and 11 (preschool special education) make up the new "Operating Standards for Ohio Schools Serving Children with Disabilities," which follow the IDEA 2004 law, P.L. 108-46, and its federal regulations issued October 13, 2006. These new “Operating Standards” will become effective on July 1, 2008.

Rule 05, due process and procedural safeguards, and Rule 11, preschool special education, have been refiled for an addition-al hearing before the Joint Committee on Agency Rule Review of the Ohio General Assembly on April 3. If JCARR approves either or both rules as refiled, it is expected that the State Board of Education will approve them at their April board meeting.

The Ohio Department of Education has been working on a guidance document which will provide additional information for schools as to how to implement the IDEA 2004 law. A group of stakeholders has been advising the ODE as work on this document moves forward. Work on the guidance document may be completed by fall 2008. In addition, the ODE is convening a work group to discuss ratios for teachers (intervention specialists) and caseloads for related services personnel to begin work in April. These ratios and caseloads are contained in Rule 09, delivery of services, which has already been approved by the State Board of Education. If changes are agreed upon by the department and organization representatives, Rule 09 would have to be refiled with JCARR and subsequently with the State Board. This is not likely to happen before July 1, 2008.

         

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