3301-13-10 Standard to develop a plan for any accommodation for or an excuse from statewide tests for students with disabilities in chartered nonpublic schools.

(A) The provisions of this rule shall apply only to a student who meets all of the following eligibility criteria:

(1) The student has been identified as a child with a disability based on an evaluation conducted in accordance with section 3323.03 of the Revised Code or section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794 (January 3, 2005);

(2) The student has been enrolled by the parent in a chartered nonpublic school; and

(3) The student with a disability:

(a) Is not being provided publicly funded special education services; or

(b) Is receiving publicly funded special education services that do not address the academic objectives as measured by any particular assessment.

(B) The chartered nonpublic school shall annually develop a written plan that complies with all of the following:

(1) Addresses the eligible student's needs;

(2) Parents must be included in the development of the written plan;

(3) Any excuse from participation in achievement tests must be made in accordance with rule 3301-13-03 of the Administrative Code and must be specified in the written plan. If a plan developed for a student excuses the student from taking any statewide tests, the chartered nonpublic school may not prohibit the student from taking the tests;

(4) Any accommodation must be made in accordance with rule 3301-13-03 of the Administrative Code and must be specified in the written plan;

(5) Parents must agree to the written plan;

(6) The chartered nonpublic school shall implement the plan; and

(7) The plan and the decision to provide any accommodation for or to excuse a student with a disability from statewide tests shall be reviewed annually.

R.C. 119.032 review dates: 11/01/2012 and 11/01/2017
Promulgated Under: 119.03
Statutory Authority: 3301.07 , 3301.0710 , 3301.0711
Rule Amplifies: 3301.0710 , 3301.0711 , 3301.0712
Prior Effective Dates: 7-28-97 (Emer); 11-27-97; 2-7-00; 8-22-02; 12/21/2007