Ohio Code 3323.011 – Individualized education program
As used in this chapter, “individualized education program” or “IEP” means a written statement for each child with a disability that is developed, reviewed, and revised in accordance with this definition and that includes:
Terms Used In Ohio Code 3323.011
- Another: when used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property. See Ohio Code 1.02
- 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
- IEP team: means a group of individuals composed of:
(1) The parents of a child with a disability;
(2) At least one regular education teacher of the child, if the child is or may be participating in the regular education environment;
(3) At least one special education teacher, or where appropriate, at least one special education provider of the child;
(4) A representative of the school district who meets all of the following:
(a) Is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of children with disabilities;
(b) Is knowledgeable about the general education curriculum;
(c) Is knowledgeable about the availability of resources of the school district. See Ohio Code 3323.01
- Preschool child with a disability: means a child with a disability who is at least three years of age but is not of compulsory school age, as defined under section 3321. 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
- 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
- Transition services: means a coordinated set of activities for a child with a disability that meet all of the following:
(1) Is designed to be within a results-oriented process, that is focused on improving the academic and functional achievement of the child with a disability to facilitate the child's movement from school to post-school activities, including post-secondary education; vocational education; integrated employment (including supported employment); continuing and adult education; adult services; independent living; or community participation;
(2) Is based on the individual child's needs, taking into account the child's strengths, preferences, and interests;
(3) Includes instruction, related services, community experiences, the development of employment and other post-school adult living objectives, and, when appropriate, acquisition of daily living skills and functional vocational evaluation. See Ohio Code 3323.01
- United States: includes all the states. See Ohio Code 1.59
(A) A statement of the child‘s present levels of academic achievement and functional performance, including:
(1) How the child’s disability affects the child’s involvement and progress in the general education curriculum;
(2) For a preschool child with a disability, as appropriate, how the disability affects the child’s participation in appropriate activities;
(3) For a child with a disability who is not a preschool child and who will take alternate assessments aligned to alternate achievement standards, a description of benchmarks or short-term objectives.
(B) A statement of measurable annual goals, including academic and functional goals and, at the discretion of the department of education and workforce, short-term instructional objectives that are designed to:
(1) Meet the child’s needs that result from the child’s disability so as to enable the child to be involved in and make progress in the general education curriculum;
(2) Meet each of the child’s other educational needs that result from the child’s disability.
(C) A description of how the child’s progress toward meeting the annual goals described pursuant to division (B) of this section will be measured and when periodic reports on the progress the child is making toward meeting the annual goals will be provided. Such reports may be quarterly or other periodic reports that are issued concurrent with the issuance of regular report cards.
(D) A statement of the special education and related services and supplementary aids and services, based on peer-reviewed research to the extent practicable, to be provided to the child, or on behalf of the child, and a statement of the program modifications or supports for school personnel that will be provided for the child so that the child may:
(1) Advance appropriately toward attaining the annual goals described pursuant to division (B) of this section;
(2) Be involved in and make progress in the general education curriculum and participate in extracurricular and other nonacademic activities;
(3) Be educated with and participate with both other children with disabilities and nondisabled children in the specific activities described pursuant to division (D) of this section.
(E) An explanation of the extent, if any, to which the child will not participate with nondisabled children in the regular class, including an early childhood education setting, and in the activities described pursuant to division (D) of this section;
(F) A statement of any individual appropriate accommodations that are necessary to measure the academic achievement and functional performance of the child on state and districtwide assessments consistent with section 612(a)(16) of the “Individuals with Disabilities Education Improvement Act of 2004,” 20 U.S.C. § 1412(a)(16). If the IEP team determines that the child shall take an alternate assessment on a particular state or districtwide assessment of student achievement, the IEP shall contain a statement of why the child cannot participate in the regular assessment and why the particular alternate assessment selected is appropriate for the child.
(G) The projected date for the beginning of the services and modifications described pursuant to division (D) of this section and the anticipated frequency, location, and duration of those services and modifications;
(H) Beginning not later than the first IEP to be in effect when the child is fourteen years of age, and updated annually thereafter, a statement describing:
(1) Appropriate measurable post-secondary goals based upon age-appropriate transition assessments related to training, education, and independent living skills;
(2) Appropriate measurable post-secondary goals based on age-appropriate transition assessments related to employment in a competitive environment in which workers are integrated regardless of disability;
(3) The transition services, including courses of study, needed to assist the child in reaching the goals described in divisions (H)(1) and (2) of this section.
(I) Beginning not later than one year before the child reaches eighteen years of age, a statement that the child has been informed of the child’s rights under Title XX of the United States Code that will transfer to the child on reaching eighteen years of age in accordance with section 615(m) of the “Individuals with Disabilities Education Improvement Act of 2004,” 20 U.S.C. § 1415(m).
Nothing in this section shall be construed to require that additional information be included in a child’s IEP beyond the items explicitly required by this section and that the IEP team include information under one component of a child’s IEP that is already contained under another component of the IEP.
Last updated September 13, 2023 at 12:14 PM