Ohio Administrative Code › Title 3301 - Department of Education - Administration and Director › Chapter 3301-51 - Education of Students with Special Needs › Section 3301-51-08 - Parentally placed nonpublic school children

Current through all regulations passed and filed through July 1, 2024
(A) Children's rights to services
Each school district is required to provide equitable services
				and participation for eligible children who are attending a chartered or
				non-chartered nonpublic school located within the district's geographical
				boundaries. The school district must have timely and meaningful consultation
				with the chartered and non-chartered nonpublic school officials to determine if
				any children attending those nonpublic schools are eligible for equitable
				services.
(B) Child find
			 for parentally placed nonpublic school children with disabilities
(1) General
Each school district must locate, identify, and evaluate all
				children with disabilities who are enrolled by their parents in nonpublic,
				including religious, elementary schools and secondary schools located in the
				school district, in accordance with paragraphs (B)(2) to (B)(5) of this rule
				and with rules
				3301-51-01 and
				3301-51-03 of the Administrative
				Code.
(2) Child find design
The child find process must be designed to ensure:
(a) The equitable participation of parentally
			 placed nonpublic school children; and
(b) An accurate count of those
			 children.
(3) Activities
In carrying out the requirements of this rule, the school
				district where the nonpublic school is located must undertake activities
				similar to the activities undertaken for the district's public school
				children.
(4) Cost
The cost of carrying out the child find requirements in this
				rule, including individual evaluations, shall not be considered in determining
				if a school district has met its obligation under paragraph (E) of this rule.
(5) Completion period
The child find process must be completed in a time period
				comparable to that for students attending the school district where the
				nonpublic school is located consistent with rules
				3301-51-03 and
				3301-51-06 of the Administrative
				Code.
(6)
									Out-of-state children
Each school district in which
				nonpublic, including religious, elementary schools and secondary schools are
				located must, in carrying out the child find requirements in this rule, include
				parentally placed nonpublic school children who reside in a state other than
				the state in which the nonpublic schools that they attend are
				located.
(7) Students eligible
			 for a scholarship
The district where the chartered or non-chartered nonpublic
				school is located is responsible for additional child find activities regarding
				children who are enrolled in either the "Autism Scholarship Program,"
				established by section
				3310.41 of the Revised Code or
				the "Jon Peterson Special Needs Scholarship Program," established by section
				
										
											3310.52
										 of the Revised
				Code, as well as a determination of whether or not these children will receive
				services through a services plan, as outlined in paragraphs (C) and (J) of this
				rule.
(8) Determination of
			 eligibility
The school district where the nonpublic school is located shall
				conduct, either directly or through contract, a full and individual initial
				evaluation in accordance with rule
				3301-51-06 of the Administrative
				Code for children suspected of having a disability.
(a)
										
										The school district
			 where the nonpublic school is located shall provide the parents of children who
			 are determined eligible for services under rule
			 3301-51-06 of the Administrative
			 Code written documentation stating that the child's school district of
			 residence is responsible for making a free appropriate public education (FAPE)
			 available to the child.
(b) A copy
			 of this documentation shall be sent to the child's school district of
			 residence, provided the school district where the nonpublic school is located
			 receives written parental consent for this information to be released to the
			 child's school district of residence.
(9) School district of
			 residence
(a) A school district of residence
			 is not required to pay for the cost of FAPE of a child with a disability at a
			 nonpublic school or facility if:
(i) The
			 school district of residence made FAPE available to the child in the public
			 school; and
(ii) The parents
			 elected to place the child in the nonpublic school or facility.
(b) However, the school district
			 of residence must include the child described in paragraph
			 
										(B)(8)(a) of this rule in the population whose needs
			 are addressed consistent with the requirements of this rule.
(c) If the parents make clear their intention
			 to keep their child with a disability enrolled in a nonpublic school then the
			 school district of residence 
										is not required to develop an individualized
			 education program (IEP) for the child unless required
			 to under Chapters 3301-101 and 3301-103 of the Administrative Code. If
			 the child with a disability who is in need of special education and related
			 services enrolls or re-enrolls in the school district of residence, the school
			 district of residence must make FAPE available.
(10)
			 Confidentiality requirements
When conducting child find, evaluation and service activities,
				the school district where the nonpublic school is located must be in compliance
				with all confidentiality requirements of the Individuals with Disabilities
				Education Act, as amended by the Individuals with Disabilities Education
				Improvement Act of 2004, December 2004 (IDEA), and the Family Education Rights
				and Privacy Act of 1974, August 1974 (FERPA).
(a) If a child is enrolled or is going to
			 enroll in a nonpublic school that is not located in the school district of the
			 parent's residence, parental consent must be obtained before any personally
			 identifiable information about the child is released between officials in the
			 school district where the nonpublic school is located and officials in the
			 school district of the parent's residence.
(b) The school district where the nonpublic
			 school is located shall follow all the IDEA and the FERPA confidentiality
			 requirements when serving children with disabilities attending chartered and
			 non-chartered nonpublic schools.
(11) Continued
			 determination of eligibility
Children with disabilities enrolled by their parents in
				nonpublic schools and receiving special education and any related services must
				be reevaluated by the school district where the nonpublic school is
				located:
(a) Not more frequently than
			 once a year, unless the parent and the district agree otherwise; and
(b) At least once every three years, unless
			 the parent and the district agree that a reevaluation is unnecessary.