reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3323 | Education of Children With Disabilities › Section 3323.052 | Comparison of Parent's and Child's Rights Under State and Federal Education Law and Special Needs Scholarship Program.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(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.
(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
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3323 | Education of Children With Disabilities › Section 3323.07 | Establishment and Maintenance of Programs.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
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 who are less than three years of age in accordance with rules adopted by the department. The department of education and workforce shall require the boards of education of school districts, shall authorize the department of mental health and addiction services and the department of developmental disabilities, and may authorize any other educational agency, to establish and maintain such special education and related services in accordance with standards adopted by the department of education and workforce.
Last updated September 13, 2023 at 1:31 PM
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3323 | Education of Children With Disabilities › Section 3323.10 | Licensure Qualifications for Teaching Public School Preschool Integrated Class.

Effective:
June 19, 2020
Latest Legislation:
House Bill 164 - 133rd General Assembly
(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 teaching a public school preschool integrated class, a teacher who is licensed to teach special education and is employed to teach a public school preschool integrated class on the initial effective date of any rule change prescribing such licensure qualifications may continue to teach a public school preschool integrated class until the teacher retires, resigns, or is reassigned by the employing school, educational service center, or county board of developmental disabilities. Following the retirement, resignation, or reassignment of the teacher, the teacher must meet the licensure qualifications prescribed by administrative rule to teach a public school preschool integrated class. Upon retirement, resignation, or reassignment of the teacher, the school, service center, or county board of developmental disabilities shall employ only a teacher who meets the licensure qualifications prescribed by the rule to teach a public school preschool integrated class.
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3323 | Education of Children With Disabilities › Section 3323.11 | Employment and Qualifications of Necessary Personnel.

Effective:
April 12, 2021
Latest Legislation:
House Bill 436 - 133rd General Assembly
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.
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3323 | Education of Children With Disabilities › Section 3323.12 | Home Instruction.

Effective:
October 12, 2016
Latest Legislation:
House Bill 158 - 131st General Assembly
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 disabilities or other educational agency. For the purposes of determining formula ADM under section 3317.03 of the Revised Code, five hours of home instruction shall be equivalent to attendance for five school days.
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3323 | Education of Children With Disabilities › Section 3323.13 | Special Education From Another District - Payment by District of Residence.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(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 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
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3323 | Education of Children With Disabilities › Section 3323.14 | District of Residence to Reimburse for Excess Cost.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(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, then the board of education of the district of residence shall pay to the board of the school district that is providing the special education such excess cost as is determined by using a formula approved by the department and agreed upon in contracts entered into by the boards of the districts concerned at the time the district providing such special education accepts the child for enrollment. The department shall certify the amount of the payments under Chapter 3317. of the Revised Code for such pupils with disabilities for each school year ending on the thirtieth day of July.
(B) In the case of a child described in division (A) of this section who has been placed in a home, as defined in section 3313.64 of the Revised Code, pursuant to the order of a court and who is not subject to section 3323.141 of the Revised Code, the district providing the child with special education and related services may charge to the child's district of residence the excess cost determined by formula approved by the department, regardless of whether the district of residence has entered into a contract with the district providing the services. If the district providing the services chooses to charge excess costs, the district may report the amount calculated under this division to the department.
(C) If a district providing special education for a child reports an amount for the excess cost of those services, as authorized and calculated under division (A) or (B) of this section, the department shall pay that amount of excess cost to the district providing the services and shall deduct that amount from the child's district of residence in accordance with division (K) of section 3317.023 of the Revised Code.
(D) If a district providing special education to a child to whom division (C)(4) of section 3313.64 of the Revised Code applies chooses to receive a tuition payment for that child under that division, that district shall not receive any payments under this section.
Last updated August 25, 2023 at 11:16 AM
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3323 | Education of Children With Disabilities › Section 3323.142 | School District Payments to County Boards of Developmental Disabilities.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
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 places or has placed a child with a county board of developmental disabilities for special education, but another district is responsible for tuition under section 3313.64 or 3313.65 of the Revised Code and the child is not a resident of the territory served by the county board of developmental disabilities, the board may charge the district responsible for tuition with the educational costs in excess of the per pupil amount received by the board under Chapter 3317. of the Revised Code. The amount of the excess cost shall be determined by the formula established by rule of the department of education and workforce under section 3323.14 of the Revised Code, and the payment for such excess cost shall be made by the school district directly to the county board of developmental disabilities.
A school district board of education and the county board of developmental disabilities that serves the school district may negotiate and contract, at or after the time of placement, for payments by the board of education to the county board for additional services provided to a child placed with the county board and whose individualized education program established pursuant to section 3323.08 of the Revised Code requires additional services that are not routinely provided children in the county board's program but are necessary to maintain the child's enrollment and participation in the program. Additional services may include, but are not limited to, specialized supplies and equipment for the benefit of the child and instruction, training, or assistance provided by staff members other than staff members for which funding is received under Chapter 3317. of the Revised Code.
Last updated August 25, 2023 at 11:18 AM
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3323 | Education of Children With Disabilities › Section 3323.143 | Custodial Parent Financially Responsible for Unilateral Placement.

Effective:
September 29, 2007
Latest Legislation:
House Bill 119 - 127th General Assembly
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 a disability from a program or facility operated by the district of residence or from a program or facility with which the district of residence has arranged for education of the child and instead enrolling that child in another program or facility that is not a home, as defined in section 3313.64 of the Revised Code, or that is not a facility or program available to the child pursuant to an open enrollment policy under section 3313.98 or 3313.983 of the Revised Code.
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3323 | Education of Children With Disabilities › Section 3323.15 | Board for Non-Residents of District.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
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.
Last updated August 25, 2023 at 11:19 AM
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3323 | Education of Children With Disabilities › Section 3323.17 | Education of Deaf or Hard of Hearing Children.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
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 who confer with the parents of hearing impaired children about their children's education;
(C) Consult with chartered nonpublic schools and consult with and provide technical assistance to school districts that are or may be interested in integrating sign language into their curricula and that offer or may be interested in offering American sign language as a foreign language;
(D) Consult with school districts and chartered nonpublic schools that use interpreters in classrooms and with any other interested school districts or chartered nonpublic schools about how to obtain the best interpreters and how interpreters can improve their skills.
Last updated August 25, 2023 at 11:20 AM
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3323 | Education of Children With Disabilities › Section 3323.18 | Program to Integrate Braille Reading and Writing Into Student's Curriculum and Classroom Activities.

Effective:
September 29, 2007
Latest Legislation:
House Bill 119 - 127th General Assembly
If any special education program provided pursuant to this chapter or Chapter 3325. of the Revised Code serves a student with a visual impairment for whom instruction in braille reading and writing is specified as appropriate pursuant to division (A)(2) of section 3323.011 of the Revised Code, the entity providing the program shall integrate the use of braille reading and writing into the student's entire curriculum and other classroom activities in such a manner that braille reading and writing becomes an effective learning tool for the student.
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3323 | Education of Children With Disabilities › Section 3323.19 | Comprehensive Eye Examination.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) Within three months after a student identified with disabilities begins receiving services for the first time under an individualized education program, the school district in which that student is enrolled shall require the student to undergo a comprehensive eye examination performed either by an optometrist licensed under Chapter 4725. of the Revised Code or by a physician authorized under Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery who is comprehensively trained and educated in the treatment of the human eye, eye disease, or comprehensive vision services, unless the student underwent such an examination within the nine-month period immediately prior to being identified with disabilities.
However, no student who has not undergone the eye examination required under this section shall be prohibited from initiating, receiving, or continuing to receive services prescribed in the student's individualized education program.
(B) The superintendent of each school district or the superintendent's designee may determine fulfillment of the requirement prescribed in division (A) of this section based on any special circumstances of the student, the student's parent, guardian, or family that may prevent the student from undergoing the eye examination prior to beginning special education services.
(C) Except for a student who may be entitled to a comprehensive eye examination in the identification of the student's disabilities, in the development of the student's individualized education program, or as a related service under the student's individualized education program, neither the state nor any school district shall be responsible for paying for the eye examination required by this section.
(D) The department of education and workforce annually shall do both of the following:
(1) Notify each school district and community school of the requirements of this section;
(2) Collect from each school district and community school the total number of students enrolled in the district who were subject to the requirements of this section and the total number of students who received the examination, as verified by documentation received from the district.
Last updated August 25, 2023 at 11:21 AM
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3323 | Education of Children With Disabilities › Section 3323.20 | Electronic Report of Preschool Children Receiving Paid Services.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
On July 1, 2006, and on each first day of July thereafter, the department of education and workforce shall electronically report to the general assembly the number of preschool children with disabilities who received services for which the department made a payment to any provider during the previous fiscal year, disaggregated according to each area of developmental deficiency identified by the department for the evaluation of such children.
Last updated August 25, 2023 at 11:24 AM
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3323 | Education of Children With Disabilities › Section 3323.30 | Center for Autism and Low Incidence.

Effective:
September 23, 2008
Latest Legislation:
House Bill 562 - 127th General Assembly
As used in sections 3323.31 to 3323.35 of the Revised Code, "autism and low incidence disabilities" includes any of the following:
(A) Autism;
(B) Hearing impairment;
(C) Multiple disabilities;
(D) Orthopedic disability;
(E) Other health impairment;
(F) Traumatic brain injury;
(G) Visual impairment.
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3323 | Education of Children With Disabilities › Section 3323.31 | Center for Autism and Low Incidence.

Effective:
June 30, 2011
Latest Legislation:
House Bill 153 - 129th General Assembly
The Franklin county educational service center shall establish the Ohio center for autism and low incidence. The center shall administer programs and coordinate services for infants, preschool and school-age children, and adults with autism and low incidence disabilities. The center's principal focus shall be programs and services for persons with autism. The center shall be under the direction of an executive director, appointed by the superintendent of the service center in consultation with the advisory board established under section 3323.33 of the Revised Code.
In addition to its other duties, the Ohio center for autism and low incidence shall participate as a member of the interagency workgroup on autism, as it is established by the director of developmental disabilities under section 5123.0419 of the Revised Code. The center shall provide technical assistance and support to the department of developmental disabilities in the department's leadership role to develop and implement the projects and activities of the workgroup.
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3323 | Education of Children With Disabilities › Section 3323.32 | Contracts With Entities Providing Programs and Services for Individuals With Autism and Low-Incidence Disabilities.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) The department of education and workforce shall contract with an entity to administer programs and coordinate services for infants, preschool and school-age children, and adults with autism and low incidence disabilities. The entity shall be selected by the director of education and workforce in consultation with the advisory board established under section 3323.33 of the Revised Code.
The contract with the entity selected shall include, but not be limited to, the following provisions:
(1) A description of the programs to be administered and services to be provided or coordinated by the entity, which shall include at least the duties prescribed by sections 3323.34 and 3323.35 of the Revised Code;
(2) A description of the expected outcomes from the programs administered and services provided or coordinated by the entity;
(3) A stipulation that the entity's performance is subject to evaluation by the department and renewal of the entity's contract is subject to the department's satisfaction with the entity's performance;
(4) A description of the measures and milestones the department will use to determine whether the performance of the entity is satisfactory;
(5) Any other provision the department determines is necessary to ensure the quality of services to individuals with autism and low incidence disabilities.
(B) In selecting the entity under division (A) of this section, the director of education and workforce and the advisory board shall give primary consideration to the Ohio Center for Autism and Low Incidence, established under section 3323.31 of the Revised Code, as long as the principal goals and mission of the Center, as determined by the director and the advisory board, are consistent with the requirements of divisions (A)(1) to (5) of this section.
Last updated August 25, 2023 at 11:34 AM
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3323 | Education of Children With Disabilities › Section 3323.33 | Center for Autism and Low Incidence Advisory Board.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
The director of education and workforce shall establish an advisory board to assist and advise the Franklin county educational service center in the operation of the Ohio Center for Autism and Low Incidence and the director in selecting an entity to administer programs and coordinate services for individuals with autism and low incidence disabilities as required by section 3323.32 of the Revised Code and to provide technical assistance in the provision of such services. As determined by the director, the advisory board shall consist of individuals who are stakeholders in the service to persons with autism and low incidence disabilities, including, but not limited to, the following:
(A) Persons with autism and low incidence disabilities;
(B) Parents and family members;
(C) Educators and other professionals;
(D) Higher education instructors;
(E) Representatives of state agencies.
The advisory board shall be organized as determined by the director.
Members of the advisory board shall receive no compensation for their services.
Last updated August 25, 2023 at 11:41 AM
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3323 | Education of Children With Disabilities › Section 3323.34 | Center for Autism and Low Incidence - Duties.

Effective:
September 23, 2008
Latest Legislation:
House Bill 562 - 127th General Assembly
The entity selected under section 3323.32 of the Revised Code shall do all of the following:
(A) Collaborate and consult with state agencies that serve persons with autism and low incidence disabilities;
(B) Collaborate and consult with institutions of higher education in development and implementation of courses for educators and other professionals serving persons with autism and low incidence disabilities;
(C) Collaborate with parent and professional organizations;
(D) Create and implement programs for professional development, technical assistance, intervention services, and research in the treatment of persons with autism and low incidence disabilities;
(E) Create a regional network for communication and dissemination of information among educators and professionals serving persons with autism and low incidence disabilities. The regional network shall address educational services, evaluation, diagnosis, assistive technology, family support, leisure and recreational activities, transition, employment and adult services, and medical care for persons with autism and low incidence disabilities.
(F) Develop a statewide clearinghouse for information about autism spectrum disorders and low incidence disabilities, as described in section 3323.35 of the Revised Code.
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3323 | Education of Children With Disabilities › Section 3323.35 | Clearinghouse for Autism and Low Incidence Information.

Effective:
September 23, 2008
Latest Legislation:
House Bill 562 - 127th General Assembly
In developing a clearinghouse for information about autism spectrum disorders and low incidence disabilities, as required under section 3323.34 of the Revised Code, the entity selected under section 3323.32 of the Revised Code shall do all of the following:
(A) Maintain a collection of resources for public distribution;
(B) Monitor information on resources, trends, policies, services, and current educational interventions;
(C) Respond to requests for information from parents and educators of children with autism and low incidence disabilities.
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3324 | Gifted Students › Section 3324.01 | Gifted Student Definitions.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
As used in this section and sections 3324.02 through 3324.06 of the Revised Code:
(A) "Approved" means approved by the department of education and workforce and included on the list compiled by the department under section 3324.02 of the Revised Code.
(B) "Gifted" means students who perform or show potential for performing at remarkably high levels of accomplishment when compared to others of their age, experience, or environment and who are identified under division (A), (B), (C), or (D) of section 3324.03 of the Revised Code.
(C) "School district" does not include a joint vocational school district.
(D) "Specific academic ability field" means one or more of the following areas of instruction:
(1) Mathematics;
(2) Science;
(3) Reading, writing, or a combination of these skills;
(4) Social studies.
Last updated August 25, 2023 at 11:43 AM
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3324 | Gifted Students › Section 3324.02 | Assessment Instruments for Screening and Identifying Gifted Students.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) The department of education and workforce shall construct lists of existing assessment instruments it approves for use by school districts, and may include on the lists and make available to school districts additional assessment instruments developed by the department. Wherever possible, the department shall approve assessment instruments that utilize nationally recognized standards for scoring or are nationally normed. The lists of instruments shall include:
(1) Initial screening instruments for use in selecting potentially gifted students for further assessment;
(2) Instruments for identifying gifted students under section 3324.03 of the Revised Code.
(B) The department, under Chapter 119. of the Revised Code, shall also adopt rules for the administration of any tests or assessment instruments it approves on the list required by division (A) of this section and for establishing the scores or performance levels required under section 3324.03 of the Revised Code.
(C) The department shall ensure that the approved list of assessment instruments under this section includes instruments that allow for appropriate screening and identification of gifted minority and disadvantaged students, children with disabilities, and students for whom English is a second language.
(D) Districts shall select screening and identification instruments from the approved lists for inclusion in their district policies.
(E) The department shall make initial lists of approved assessment instruments and the rules for the administration of the instruments available by September 1, 1999.
Last updated August 25, 2023 at 11:44 AM
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3324 | Gifted Students › Section 3324.03 | School Districts to Identify Gifted Students.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
The board of education of each school district shall identify gifted students in grades kindergarten through twelve as follows:
(A) A student shall be identified as exhibiting "superior cognitive ability" if the student did either of the following within the preceding twenty-four months:
(1) Scored two standard deviations above the mean, minus the standard error of measurement, on an approved individual standardized intelligence test administered by a licensed school psychologist or licensed psychologist;
(2) Accomplished any one of the following:
(a) Scored at least two standard deviations above the mean, minus the standard error of measurement, on an approved standardized group intelligence test;
(b) Performed at or above the ninety-fifth percentile on an approved individual or group standardized basic or composite battery of a nationally normed achievement test;
(c) Attained an approved score on one or more above-grade level standardized, nationally normed approved tests.
(B) A student shall be identified as exhibiting "specific academic ability" superior to that of children of similar age in a specific academic ability field if within the preceding twenty-four months the student performs at or above the ninety-fifth percentile at the national level on an approved individual or group standardized achievement test of specific academic ability in that field. A student may be identified as gifted in more than one specific academic ability field.
(C) A student shall be identified as exhibiting "creative thinking ability" superior to children of a similar age, if within the previous twenty-four months, the student scored one standard deviation above the mean, minus the standard error of measurement, on an approved individual or group intelligence test and also did either of the following:
(1) Attained a sufficient score, as established by the department of education and workforce, on an approved individual or group test of creative ability;
(2) Exhibited sufficient performance, as established by the department, on an approved checklist of creative behaviors.
(D) A student shall be identified as exhibiting "visual or performing arts ability" superior to that of children of similar age if the student has done both of the following:
(1) Demonstrated through a display of work, an audition, or other performance or exhibition, superior ability in a visual or performing arts area;
(2) Exhibited sufficient performance, as established by the department, on an approved checklist of behaviors related to a specific arts area.
Last updated August 25, 2023 at 11:45 AM
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3324 | Gifted Students › Section 3324.04 | Adoption of District Plan for Identifying Gifted Students.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
The board of education of each school district shall adopt a plan by January 1, 2000, for identifying gifted students. The plan shall be submitted to the department of education and workforce for approval. The department shall approve the plan within sixty days if it contains all of the following:
(A) A description of the assessment instruments from the list adopted by the department that the district will use to screen and identify gifted students;
(B) Acceptable scheduling procedures for screening and for administering assessment instruments for identifying gifted students. These procedures shall provide:
(1) At least two opportunities a year for assessment in the case of students requesting assessment or recommended for assessment by teachers, parents, or other students;
(2) Assurance of inclusion in screening and assessment procedures for minority and disadvantaged students, children with disabilities, and students for whom English is a second language;
(3) Assurance that any student transferring into the district will be assessed within ninety days of the transfer at the request of a parent.
(C) Procedures for notification of parents within thirty days about the results of any screening procedure or assessment instrument and the provision of an opportunity for parents to appeal any decision about the results of any screening procedure or assessment, the scheduling of children for assessment, or the placement of a student in any program or for receipt of services;
(D) A commitment that the district will accept scores on assessment instruments provided by other school districts or trained personnel outside the school district, provided the assessment instruments are on the list approved by the department under section 3324.02 of the Revised Code.
The district's plan may provide for the district to contract with any qualified public or private service provider to provide screening or assessment services under the plan.
The department shall assist any district whose plan it disapproves under this section to amend the plan so that it meets the requirements of this section.
Last updated August 25, 2023 at 11:47 AM
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3324 | Gifted Students › Section 3324.05 | Annual Gifted Student Screening and Services Reports.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) Each school district shall submit an annual report to the department of education and workforce specifying the number of students in each of grades kindergarten through twelve screened, the number assessed, and the number identified as gifted in each category specified in section 3324.03 of the Revised Code. The report shall also specify the number of students served in each category specified in section 3324.03 of the Revised Code.
(B) Not later than the thirty-first day of October annually, the department shall publish both of the following using data submitted by school districts under the education management information system established under section 3301.0714 of the Revised Code:
(1) Services offered by each school district to students identified as gifted in each of the following grade bands:
(a) Kindergarten through second grade;
(b) Third through sixth grade;
(c) Seventh through eighth grade;
(d) Ninth through twelfth grade.
(2) The number of licensed gifted intervention specialists and coordinators employed or contracted by each school district.
(C) The department shall audit each school district's identification numbers at least once every three years and may select any district at random or upon complaint or suspicion of noncompliance for a further audit to determine compliance with sections 3324.03 to 3324.06 of the Revised Code. In each year the department audits a school district under this section, the department shall also audit the district's service numbers.
(D) The department shall provide technical assistance to any district found in noncompliance under division (C) of this section. For fiscal years 2022 and 2023, the department shall reduce funds received by the district under Chapter 3317. of the Revised Code by any amount if the district continues to be noncompliant. For fiscal year 2024 and each fiscal year thereafter, the department may reduce funds received by the district under Chapter 3317. of the Revised Code by any amount if the district continues to be noncompliant.
Last updated September 7, 2023 at 8:55 AM
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3324 | Gifted Students › Section 3324.06 | Adoption and Distribution District Policy Statement.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
The board of education of each school district shall adopt a statement of its policy for the screening and identification of gifted students and shall distribute the policy statement to parents. The policy statement shall specify:
(A) The criteria and methods the district uses to screen students and to select students for further assessment who perform or show potential for performing at remarkably high levels of accomplishment in one of the gifted areas specified in section 3324.03 of the Revised Code;
(B) The sources of assessment data the district uses to select students for further testing and an explanation for parents of the multiple assessment instruments required to identify gifted students under section 3324.03 of the Revised Code;
(C) An explanation for parents of the methods the district uses to ensure equal access to screening and further assessment by all district students, including minority or disadvantaged students, children with disabilities, and students for whom English is a second language;
(D) Provisions to ensure equal opportunity for all district students identified as gifted to receive any services offered by the district;
(E) Provisions for students to withdraw from gifted programs or services, for reassessment of students, and for assessment of students transferring into the district;
(F) Methods for resolving disagreements between parents and the district concerning identification and placement decisions.
A copy of the district's policy adopted under this section shall accompany the district's plan submitted to the department of education and workforce under section 3324.04 of the Revised Code.
Last updated September 7, 2023 at 8:59 AM
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3324 | Gifted Students › Section 3324.07 | District Plan for Service of Gifted Students.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) The board of education of each school district shall develop a plan for the service of gifted students enrolled in the district that are identified under section 3324.03 of the Revised Code. Services specified in the plan developed by each board may include such options as the following:
(1) A differentiated curriculum;
(2) Cluster grouping;
(3) Mentorships;
(4) Accelerated course work;
(5) The college credit plus program under Chapter 3365. of the Revised Code;
(6) Advanced placement;
(7) Honors classes;
(8) Magnet schools;
(9) Self-contained classrooms;
(10) Independent study;
(11) International baccalaureate;
(12) Other options identified in rules adopted by the department of education and workforce.
(B) Each board shall file the plan developed under division (A) of this section with the department of education and workforce. The department shall review and analyze each plan to determine if it is adequate and to make funding estimates.
(C) Unless otherwise required by law, rule, or as a condition for receipt of funds, school boards may implement the plans developed under division (A) of this section, but shall not be required to do so until further action by the general assembly or the director of education and workforce.
Last updated September 7, 2023 at 9:01 AM
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3324 | Gifted Students › Section 3324.08 | District Gifted Education Coordinator.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
Any person employed by a school district and assigned to a school as a principal or any other position may also serve as the district's gifted education coordinator, if qualified to do so pursuant to the rules adopted by the department of education and workforce under this chapter.
Last updated September 7, 2023 at 9:02 AM
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3324 | Gifted Students › Section 3324.09 | Publication of Expenditures.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
Not later than the thirtieth day of October annually, the department of education and workforce shall publish on its web site the funds received for the previous fiscal year by each school district under division (A)(6) of section 3317.022 of the Revised Code for the identification of and services provided to the district's gifted students and each district's expenditures of those funds.
Last updated September 7, 2023 at 9:04 AM
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3324 | Gifted Students › Section 3324.10 | Model Student Acceleration Policy.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) The department of education and workforce shall adopt a model student acceleration policy addressing recommendations in the former department of education's 2005 study conducted under the gifted research and demonstration grant program. The policy shall address, but not be limited to, whole grade acceleration, subject area acceleration, and early high school graduation.
(B) The board of education of each city, local, and exempted village school district shall implement a student acceleration policy to take effect beginning in the 2006-2007 school year. The policy shall either be the model adopted by the department under division (A) of this section or a policy covering similar issues that is adopted by the district board. If the district board does not adopt the department's model, it shall submit its policy to the department for review and approval. The department, upon request, shall provide technical assistance to the district board in developing the policy.
Last updated September 7, 2023 at 9:06 AM
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3324 | Gifted Students › Section 3324.11 | Rules Regarding Reports of Services to Gift Students.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
No rule adopted by the director of education and workforce pursuant to this chapter, section 3301.07 of the Revised Code, or any other provision of the Revised Code shall permit a school district to report that it has provided services to a student identified as gifted unless those services are paid for by the district. Nothing in this section shall prohibit a district from requiring a student to pay the costs of advanced placement or international baccalaureate examinations.
Last updated September 7, 2023 at 9:07 AM
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3325 | Ohio Deaf and Blind Education Services › Section 3325.01 | Ohio Deaf and Blind Education Services; Appointment of Superintendent.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
Ohio deaf and blind education services is hereby established and shall include the state school for the deaf and the state school for the blind. Ohio deaf and blind education services shall operate under the control and supervision of the department of education and workforce. The department shall appoint a superintendent for Ohio deaf and blind education services, who shall supervise the state school for the deaf and the state school for the blind. The superintendent of Ohio deaf and blind education services shall serve at the pleasure of the department. The superintendent of Ohio deaf and blind education services may create additional divisions to meet the educational needs of students throughout the state who are deaf, hard of hearing, blind, visually impaired, or deafblind.
Last updated October 3, 2023 at 11:12 AM