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.