Ohio Code 3323.03 – Standards and procedures for identification, location, and evaluation of children with disabilities
The department of education and workforce shall, in consultation with the department of health, the department of mental health and addiction services, and the department of developmental disabilities, establish standards and procedures for the identification, location, and evaluation of all children with disabilities residing in the state, including children with disabilities who are homeless children or are 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. The department of education and workforce shall develop and implement a practical method to determine which children with disabilities are currently receiving needed special education and related services.
Terms Used In Ohio Code 3323.03
- Child: includes child by adoption. See Ohio Code 1.59
- Contract: A legal written agreement that becomes binding when signed.
- Homeless children: means "homeless children and youths" as defined in section 725 of the "McKinney-Vento Homeless Assistance Act" 42 U. See Ohio Code 3323.01
- Related services: means transportation, and such developmental, corrective, and other supportive services (including speech-language pathology and audiology services, interpreting services, psychological services, physical and occupational therapy, recreation, including therapeutic recreation, school nurse services designed to enable a child with a disability to receive a free appropriate public education as described in the individualized education program of the child, counseling services, including rehabilitation counseling, orientation and mobility services, school health services, social work services in schools, and parent counseling and training, and medical services, except that such medical services shall be for diagnostic and evaluation purposes only) as may be required to assist a child with a disability to benefit from special education, and includes the early identification and assessment of disabling conditions in children. See Ohio Code 3323.01
- School district: means a city, local, or exempted village school district. See Ohio Code 3323.01
- Special education: includes instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings, including an early childhood education setting, and instruction in physical education. See Ohio Code 3323.01
- state: means the state of Ohio. See Ohio Code 1.59
In conducting the evaluation, the board of education of each school district shall use a variety of assessment tools and strategies to gather relevant functional, developmental, and academic information about the child, including information provided by the child’s parent. The board of education of each school district, in consultation with the county board of developmental disabilities, the county family and children first council, and the board of alcohol, drug addiction, and mental health services of each county in which the school district has territory, shall identify, locate, and evaluate all children with disabilities residing within the district to determine which children with disabilities are not receiving appropriate special education and related services. In addition, the board of education of each school district, in consultation with such county boards or council, shall identify, locate, and evaluate all children with disabilities who are enrolled by their parents in nonpublic elementary and secondary schools located within the public school district, without regard to where those children reside in accordance with rules or guidelines of the department of education and workforce.
Each county board of developmental disabilities, county family and children first council, and board of alcohol, drug addiction, and mental health services and the board’s or council’s contract agencies may transmit to boards of education the names and addresses of children with disabilities who are not receiving appropriate special education and related services.
Last updated September 13, 2023 at 12:38 PM