Ohio Code 3323.052 – Comparison of parent’s and child’s rights under state and federal education law and special needs scholarship program
(A) The department of education and workforce shall develop a document that compares a parent’s and child‘s rights under this chapter and 20 U.S.C. § 1400 et seq. with the parent’s and child’s rights under the Jon Peterson special needs scholarship program, established in sections 3310.51 to 3310.64 of the Revised Code, including the provisions of divisions (A) and (B) of section 3310.53 of the Revised Code. The department shall revise that document as necessary to reflect any pertinent changes in state or federal statutory law, rule, or regulation.
Terms Used In Ohio Code 3323.052
- Child: includes child by adoption. See Ohio Code 1.59
- Child with a disability: means a child who is at least three years of age and less than twenty-two years of age; who has an intellectual disability, a hearing impairment (including deafness), a speech or language impairment, a visual impairment (including blindness), a serious emotional disturbance, an orthopedic impairment, autism, traumatic brain injury, an other health impairment, a specific learning disability (including dyslexia), deaf-blindness, or multiple disabilities; and who, by reason thereof, needs special education and related services. See Ohio Code 3323.01
- IEP: means the written statement described in section 3323. See Ohio Code 3323.01
- Rule: includes regulation. See Ohio Code 1.59
- 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
(B) The department and each school district shall ensure that the document prescribed in division (A) of this section is included in, appended to, or otherwise distributed in conjunction with the notice required under 20 U.S.C. § 1415(d), and any provision of the Code of Federal Regulations implementing that requirement, in the manner and at all the times specified for such notice in federal law or regulation.
(C) In addition to the requirement prescribed by division (B) of this section, each time a child’s school district completes an evaluation for a child with a disability or undertakes the development, review, or revision of the child’s IEP, the district shall notify the child’s parent, by letter or electronic means, about both the autism scholarship program, under section 3310.41 of the Revised Code, and the Jon Peterson special needs scholarship program, under sections 3310.51 to 3310.64 of the Revised Code. The notice shall include the following statement:
“Your child may be eligible for a scholarship under the Autism Scholarship Program or the Jon Peterson Special Needs Scholarship Program to attend a special education program that implements the child’s individualized education program and that is operated by an alternative public provider or by a registered private provider.”
The notice shall include the telephone number of the office of the department responsible for administering the scholarship programs and the specific location of scholarship information on the department’s web site.
(D) As used in this section, a “child’s school district” means the school district in which the child is entitled to attend school under section 3313.64 or 3313.65 of the Revised Code.
Last updated September 13, 2023 at 1:15 PM