Ohio Administrative Code › Title 3301 - Department of Education - Administration and Director › Chapter 3301-51 - Education of Students with Special Needs › Section 3301-51-05 - Procedural safeguards

Current through all regulations passed and filed through July 1, 2024
(A) Each 
								educational agency shall adopt
			 and implement written policies and procedures approved by the Ohio department
			 of education, office for exceptional children, to ensure that children with
			 disabilities and their parents are provided procedural safeguards.
(B) Each school district of residence shall
			 adopt and implement written policies and procedures approved by the Ohio
			 department of education, office for exceptional children, to ensure that
			 children with disabilities and their parents and public agencies are provided
			 an opportunity to resolve disputes regarding identification, evaluation, or
			 educational placement of a child with a disability or the provision of a free
			 appropriate public education (FAPE).
(C) Parental consent
(1) Parental consent for initial evaluation
(a) The school district proposing to conduct
			 an initial evaluation to determine if a child qualifies as a child with a
			 disability under the definition of "child with a disability" in rule
			 3301-51-01 of the Administrative
			 Code must, after providing notice consistent with the requirements of this
			 rule, obtain informed consent, consistent with the definition of "consent" in
			 rule 3301-51-01 of the Administrative
			 Code, from the parent of the child before conducting the evaluation.
(b) Parental consent for initial evaluation
			 must not be construed as consent for initial provision of special education and
			 related services.
(c) The school
			 district must make reasonable efforts to obtain the informed consent from the
			 parent for an initial evaluation to determine whether the child is a child with
			 a disability.
(d) For initial
			 evaluations only, if the child is a ward of the state and is not residing with
			 the child's parent, the school district is not required to obtain informed
			 consent from the parent for an initial evaluation to determine whether the
			 child is a child with a disability if:
(i)
			 Despite reasonable efforts to do so, the school district cannot discover the
			 whereabouts of the parent of the child;
(ii) The rights of the parents of the child
			 have been terminated in accordance with state law; or
(iii) The rights of the parent to make
			 educational decisions have been subrogated by a judge in accordance with state
			 law and consent for an initial evaluation has been given by an individual
			 appointed by the judge to represent the child.
(e) If the parent of a child enrolled in a
			 school district or seeking to be enrolled in a school district does not provide
			 consent for initial evaluation under this rule, or the parent fails to respond
			 to a request to provide consent, the school district of residence may, but is
			 not required to, pursue the initial evaluation of the child by utilizing the
			 procedural safeguards in Subpart E of Part B of the Individuals with
			 Disabilities Education Act, as amended by the Individuals with Disabilities
			 Education Improvement Act of 2004, December 2004 (IDEA) (including the
			 mediation procedures or the due process procedures under this rule).
The school district does not violate its obligation under rule
				3301-51-03 of the Administrative
				Code for child find and under rule
				3301-51-06 of the Administrative
				Code for evaluations if it declines to pursue the evaluation.