Ohio Operating Standards for the Education of Children with Disabilities EFFECTIVE JULY 1, 2014

Table of Contents State-Imposed Rules and Regulations ............................................................................ 2 3301-51-01 Applicability of requirements and definitions .............................................. 12 3301-51-02 Free appropriate public education.............................................................. 42 3301-51-03 Child find .................................................................................................... 49 3301-51-04 Confidentiality ............................................................................................ 52 3301-51-05 Procedural safeguards ............................................................................... 59 3301-51-06 Evaluations .............................................................................................. 103 3301-51-07 Individualized education program (IEP) ................................................... 117 3301-51-08 Parentally placed nonpublic school children ............................................ 132 3301-51-09 Delivery of services .................................................................................. 149 3301-51-10 Transportation of children with disabilities ............................................... 161 3301-51-11 Preschool children eligible for special education...................................... 164 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...................................................................................................... 174

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State-Imposed Rules and Regulations TO:

Ohio educational agencies educating children with disabilities

FROM:

Sue Zake, Ph.D., Director, Office for Exceptional Children, Ohio Department of Education

DATE:

August 25, 2014

SUBJECT: State-imposed rules and regulations not required by IDEA 2004 or Federal Regulations

As required by 20 U.S.C. 1407 and 34 C.F.R. § 300.199, the Ohio Department of Education is identifying in writing to local educational agencies and the United States Department of Education the state-imposed special education rules, regulations, and policies adopted by the State Board of Education that are not required by Part B of the Individuals with Disabilities Education Improvement Act of 2004 (IDEA) or by Part B federal regulations. Effective July 1, 2014, the State Board of Education adopted revised Rules 3301-51-01 to 3301-51-09, 3301-51-11 and 3301-51-21 of the Administrative Code. These rules are referred to as the Ohio Operating Standards for the Education of Children with Disabilities. The updated rules include the state requirements listed below and the federal Part B IDEA requirements that apply to the provision of special education and related services to children with disabilities by school districts, county boards of mental retardation and developmental disabilities, and other educational agencies. “Other educational agency” means a joint vocational school district; department; division; bureau; office; institution; board; commission; committee; authority; or other state or local agency, other than a school district or an agency administered by the Department of Developmental Disabilities, that provides or seeks to provide special education or related services to children with disabilities. This document summarizes the state-imposed rule requirements but does not identify the rule requirements that are based on the federal Part B IDEA requirements. For the complete text of the rules, refer to the Ohio Operating Standards for the Education of Children with Disabilities. Rule 3301-51-01 Definitions •

“School district of residence”: The child's school district of residence is