Ohio Code 3323.13 – Special education from another district – payment by district of residence
(A) If a child who is a school resident of one school district receives special education from another district, the board of education of the district providing the education, subject to division (C) of this section, may require the payment by the board of education of the district of residence of a sum not to exceed one of the following, as applicable:
Terms Used In Ohio Code 3323.13
- 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
- Contract: A legal written agreement that becomes binding when signed.
- in writing: includes any representation of words, letters, symbols, or figures; this provision does not affect any law relating to signatures. See Ohio Code 1.59
- 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
- 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
(1) For any child except a preschool child with a disability described in division (A)(2) of this section, the tuition of the district providing the education for a child of normal needs of the same school grade. The determination of the amount of such tuition shall be in the manner provided for by division (A) of section 3317.08 of the Revised Code.
(2) For any preschool child with a disability, the tuition of the district providing the education for the child as calculated under division (B) of section 3317.08 of the Revised Code.
(B) The board of the district of residence may contract with the board of another district for the transportation of such child into any school in such other district, on terms agreed upon by such boards. Upon direction of the department of education and workforce, the board of the district of residence shall pay for the child’s transportation and the tuition.
(C) The board of education of a district providing the education for a child shall be entitled to require payment from the district of residence under this section or section 3323.14 of the Revised Code only if the district providing the education has done at least one of the following:
(1) Invited the district of residence to send representatives to attend the meetings of the team developing the child’s individualized education program;
(2) Received from the district of residence a copy of the individualized education program or a multifactored evaluation developed for the child by the district of residence;
(3) Informed the district of residence in writing that the district is providing the education for the child.
As used in division (C)(2) of this section, “multifactored evaluation” means an evaluation, conducted by a multidisciplinary team, of more than one area of the child’s functioning so that no single procedure shall be the sole criterion for determining an appropriate educational program placement for the child.
Last updated August 25, 2023 at 11:13 AM