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Title 33 | Education-Libraries
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Section 3323.02 | Appropriate public education program.

... As used in this section, "IDEIA" means the "Individuals with Disabilities Education Improvement Act of 2004," Pub. L. No. 108-446. It is the purpose of this chapter to ensure that all children with disabilities residing in this state who are at least three years of age and less than twenty-two years of age, including children with disabilities who have been suspended or expelled from school, have available to the...

Section 3323.021 | Agreement or contract to provide educational services to disabled child.

... As used in this section, "participating county board of developmental disabilities" means a county board of developmental disabilities electing to participate in the provision of or contracting for educational services for children under division (D) of section 5126.05 of the Revised Code. (A) When a school district, educational service center, or participating county board of developmental disabilities enters in...

Section 3323.022 | Staffing for programs with preschool children with disabilities.

... The rules of the department of education and workforce adopted in consultation with the department of children and youth for staffing ratios for programs with preschool children with disabilities shall require the following: (A) A full-time staff member shall be provided when there are eight full-day or sixteen half-day preschool children eligible for special education enrolled in a center-based preschool special...

Section 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 ...

Section 3323.031 | Annual assessment of reading and writing skills of student with visual disability.

...The board of education of each school district shall annually assess the reading and writing skills of each student with a visual impairment enrolled in the district in each medium in which instruction is specified as appropriate for the student pursuant to division (A)(2) of section 3323.013 of the Revised Code. The results of each assessment shall be provided in a written statement that specifies the st...

Section 3323.04 | Procedures and standards for placement in educational programs.

... The department of education and workforce, in consultation with the department of mental health and addiction services and the department of developmental disabilities, shall establish procedures and standards for the development of individualized education programs for children with disabilities. The department of education and workforce shall require the board of education of each school district to develop an ...

Section 3323.041 | Nonpublic schools to provide federally required services.

... To the extent consistent with the number and location of children with disabilities in the state who are enrolled by their parents in nonpublic elementary and secondary schools in the school district served by a board of education of a school district, provision is made for the participation of those children in the program for the education of children with disabilities which is assisted or carried out under Part B...

Section 3323.05 | Procedures to assure guaranteed procedural safeguards in decisions.

... The department of education and workforce shall establish procedures to ensure that children with disabilities and their parents are guaranteed procedural safeguards under this chapter with respect to a free appropriate public education. The procedures shall include, but need not be limited to: (A) An opportunity for the parents of a child with a disability to examine all records related to the child and to pa...

Section 3323.051 | Assignment of surrogate parent.

... No individual shall be assigned to act as a surrogate for the parents of a child with a disability under division (B) of section 3323.05 of the Revised Code if the individual is an employee of the department of education and workforce or the school district or any other agency involved in the education or care of the child or if the individual has any interest that conflicts with the interests of the child. If a con...

Section 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 depar...

Section 3323.06 | Supervision plan - enforcement - advisory panel.

... (A) The department of education and workforce shall develop, implement, provide general supervision of, and assure compliance with a state plan for the following: (1) The identification, location, and evaluation of all children with disabilities in the state; (2) The provision of special education and related services to ensure a free appropriate public education for all children with disabilities at least thr...

Section 3323.07 | Establishment and maintenance of programs.

... The department of education and workforce shall authorize the establishment and maintenance of special education and related services for all children with disabilities who are at least three years of age and less than twenty-two years of age, including children with disabilities who have been suspended or expelled from school, and may authorize special education and related services for children with disabilities w...

Section 3323.08 | Districts to submit implementation plans - interdistrict contracts.

... (A) Each school district shall submit a plan to the department of education and workforce that provides assurances that the school district will provide for the education of children with disabilities within its jurisdiction and has in effect policies, procedures, and programs that are consistent with the policies and procedures adopted by the department in accordance with section 612 of the "Individuals with Disabi...

Section 3323.09 | County board of developmental disabilities to establish special education programs.

... (A) As used in this section: (1) "Home" has the meaning given in section 3313.64 of the Revised Code. (2) "Preschool child" means a child who is at least age three but under age six on the thirtieth day of September of an academic year. (B) Each county board of developmental disabilities shall establish special education programs for all children with disabilities who in accordance with section 3323.04 of t...

Section 3323.091 | Superintendent of each institution to apply for unit funding.

... (A) The department of mental health and addiction services, the department of developmental disabilities, the department of youth services, and the department of rehabilitation and correction shall establish and maintain special education programs for children with disabilities in institutions under their jurisdiction according to standards adopted by the department of education and workforce. (B) The superintend...

Section 3323.10 | Licensure qualifications for teaching public school preschool integrated class.

... (A) As used in this section, "public school preschool integrated class" means a class that is operated by a public school, educational service center, or county board of developmental disabilities in which fifty per cent of the students in the class are children with disabilities. (B) Notwithstanding any change to administrative rule adopted by the state board of education prescribing licensure qualifications for...

Section 3323.11 | Employment and qualifications of necessary personnel.

... Each school district shall employ, as necessary, the personnel to meet the needs of the children with disabilities enrolled in its schools. Personnel shall possess appropriate qualifications and certificates or licenses as prescribed in section 3319.077 of the Revised Code and in rules of the state board of education.

Section 3323.12 | Home instruction.

... The board of education of a school district shall provide home instruction for children with disabilities who are at least three years of age and less than twenty-two years of age and who are unable to attend school, even with the help of special transportation. The board may arrange for the provision of home instruction for a child by a cooperative agreement or contract with a county board of developmental disabil...

Section 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: (1) For any child except a preschool child with a disabilit...

Section 3323.14 | District of residence to reimburse for excess cost.

... (A) Where a child who is a school resident of one school district receives special education from another district and the per capita cost to the educating district for that child exceeds the sum of the amount received by the educating district for that child under division (A) of section 3317.08 of the Revised Code and the amount received by the district from the department of education and workforce for that child...

Section 3323.141 | Private children's homes to pay tuition for nonresidents receiving special education and related services.

... (A) When a child who is not in the legal or permanent custody of an Ohio resident or a government agency in this state and whose natural or adoptive parents are not known to have been residents of this state subsequent to the child's birth is a resident of a home as defined in section 3313.64 of the Revised Code and receives special education and related services from a school district or county board of development...

Section 3323.142 | School district payments to county boards of developmental disabilities.

... As used in this section, "per pupil amount" for a preschool child with a disability included in such an approved unit means the amount determined by dividing the amount received for the classroom unit in which the child has been placed by the number of children in the unit. For any other child, "per pupil amount" means the amount paid for the child under section 3317.20 of the Revised Code. When a school district...

Section 3323.143 | Custodial parent financially responsible for unilateral placement.

...If a child with a disability's custodial parent has made a unilateral placement of the child, the parent shall be responsible for payment of tuition to the program or facility the child is attending as a result of that placement as long as the district of residence has offered a free appropriate public education to that child. As used in this section, "unilateral placement" means withdrawing a child with...

Section 3323.15 | Board for non-residents of district.

... The department of education and workforce may arrange to pay to any board of education, the board for any children with disabilities who are not residents of the district but for whom the district is providing special education. Payments shall be made in accordance with rules and standards of the state board of education.

Section 3323.17 | Education of deaf or hard of hearing children.

... The department of education and workforce shall: (A) Provide supervision and technical assistance to school districts in all accepted methods of educating children with disabilities who have hearing impairments, including the oral, manual, and total communication methods, with no demonstrable bias toward any one method over another; (B) Consult with employees of school districts and chartered nonpublic schools...