Ideas that Work, office of special programs U.S. Department of Education

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ODE Chapter 3301-51, Education of Students with Special Needs

This notification is being sent to those who may have an interest in Ohio Administrative Code (OAC) Chapter 3301-51, titled “Education of Students with Special Needs.”

View the proposed changes to the rules on the Ohio Department of Education’s website. You may provide comments about the rules by email to [email protected] no later than July 31, 2020.

OAC 3301-51, titled “Education of Students with Special Needs,” is being proposed for amendment to do the following:

OAC 3301-51-01 Applicability of requirements and definitions.
This rule affirms that educational agencies are subject to the requirements provided by Part B of the Individuals with Disabilities Education Act, as well as other related federal and state regulations, policies, procedures and guidelines issued by the superintendent of public instruction. This rule also defines key terms located throughout Chapter 3301-51 of the Ohio Administrative Code.

OAC 3301-51-02 Free appropriate public education.
This rule addresses a district’s responsibilities ensuring that a free, appropriate public education (FAPE) is made available to all children with disabilities between the ages of 3 and 21, inclusive, including children with disabilities who have been suspended or expelled from school for whom the school district is the child's school district of residence. This rule also includes assistive technology, extended school year services and physical education.

OAC 3301-51-03 Child find.
This rule addresses a district’s responsibilities for ensuring all children with disabilities residing within the district, including children with disabilities who are homeless children or wards of the state and children with disabilities attending nonpublic schools, regardless of the severity of their disabilities, and who are in need of special education and related services are identified, located and evaluated as required by the Individuals with Disabilities Education Act. This rule also includes the use of the term developmental delay for children ages 3 through 5 years, disproportionality and data reporting.

OAC 3301-51-04 Confidentiality.
This rule addresses the requirements for educational agencies to ensure protection of the confidentiality of any personally identifiable information in the collection, use, storage, disclosure, retention and destruction of that information and to take appropriate action that affords parents the opportunity to examine education records. This rule is in accordance with the procedures of the Individuals with Disabilities Education Act from 34 C.F.R. 300.610 to 300.628, regulation 300.535, the Family Educational Rights and Privacy Act (FERPA) and its regulations at 34 C.F.R. Part 99 and Ohio Revised Code at 3301.07, 3301.07(J), 3323.02 and 3323.07. The proposed revisions add language updates and eliminate duplicative language.

OAC 3301-51-05 Procedural safeguards.
This rule addresses the procedural safeguards that protect the rights of parents and students with disabilities and ensures parents and educational agencies have a variety of options for resolving disputes. This rule is in accordance with the Individuals with Disabilities Education Act regulations 34 CFR 300.154, 300.300 and 300.500 to 300.537 and the Ohio Revised Code 119.032, 3301.07(J), 3323.05, 3323.04, 3323.05 and 3323.051. The proposed revisions to the rule were intended to update language and align the rule with federal regulations.

OAC 3301-51-06 Evaluations.
This rule addresses procedures and timelines for the evaluation of children suspected of having disabilities. Revisions to the rule were to provide clarity.

OAC 3301-51-07 Individualized education program (IEP).
This rule address individualized education programs, including the development, implementation and requirements, in addition to those in Part B of the Individuals with Disabilities Education Act. Revisions to the rule were to provide clarity.

OAC 3301-51-08 Parentally placed nonpublic school children.
This rule addresses a district’s responsibilities for special education for children who are parentally placed in a nonpublic school. Revisions to the rule were to provide clarity.

OAC 3301-51-09 Delivery of services.
This rule addresses procedures and requirements for the delivery of services to children with disabilities. Revisions to the rule include modifications to the transition section, moving of adapted physical education caseload limits and wording changes to provide clarity.

OAC 3301-51-10 Transportation of children with disabilities.
This rule addresses procedures for the transportation of children with disabilities. Revisions to the rule were to provide clarity, update language and remove rescinded laws.

OAC 3301-51-21 Providing instructional material to children with visual impairments and others with print disabilities that are listed for sale by publishers with the superintendent of public instruction.
This rule addresses the accessibility requirements for instructional materials that are listed by publishers with the superintendent of public instruction. Revisions to the rule were to provide clarity, define rule-specific terms and define requirements for publishers and school districts.


 Ohio Department of Education

 

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