Ohio Administrative Code › Title 3301 - Department of Education - Administration and Director › Chapter 3301-103 - Autism Scholarship Program › Section 3301-103-04 - Responsibilities of a school district of residence

Current through all regulations passed and filed through July 1, 2024
(A) Evaluation, reevaluation, and
			 individualized education program (IEP)
The school district of residence shall carry out the following
				activities when a parent of a child is applying for an autism scholarship for
				his or her child or when a child has received a scholarship and is
				participating in the autism scholarship program:
(1) The district of residence shall conduct
			 an initial evaluation of a child in accordance with rule
			 3301-51-06 of the Administrative
			 Code if a parent is applying for an autism scholarship for his or her child and
			 the district suspects that the child is a child with a disability unless the
			 child is attending either a chartered or nonchartered nonpublic school. The
			 district where the chartered or non-chartered nonpublic school is located is
			 responsible for the evaluation of these children.
(2) The district of residence shall determine
			 whether the child is a child with a disability as the term "child with a
			 disability" is defined in paragraph (B)(10) of rule
			 3301-51-01 of the Administrative
			 Code. The child must be a child with one of the disabilities listed and defined
			 in paragraph (B)(10) of rule
			 3301-51-01 of the Administrative
			 Code or with a developmental delay, as provided in paragraph (B)(10)(c) of rule
			 3301-51-01 of the Administrative
			 Code. By reason of that disability or developmental delay, the child must need
			 special education and related services, as the term "special education" is
			 defined in paragraph (B)(58) of rule
			 3301-51-01 of the Administrative
			 Code and as the term "related services" is defined in paragraph (B)(52) of rule
			 3301-51-01 of the Administrative
			 Code.
(3) If the district of
			 residence determines that the child is a child with a disability under the
			 category of autism in accordance with paragraph (A)(2) of this rule, the child
			 is considered to be a child with autism for purposes of the autism scholarship
			 program.
(4) If the district of
			 residence determines that the child is a child with a disability under another
			 category or is a child with a developmental delay in accordance with paragraph
			 (A)(2) of this rule and the child has been identified as having a pervasive
			 developmental disorder - not otherwise specified (PDD-NOS) -the child is
			 considered to be a child with autism for purposes of the autism scholarship
			 program.
(5) If the district of
			 residence determines that the child is a child with a disability, the district
			 of residence shall conduct reevaluations of the child in accordance with rule
			 3301-51-06 of the Administrative
			 Code unless the child is attending either a chartered or non-chartered
			 nonpublic school. The district where the chartered or non-chartered nonpublic
			 school is located is responsible for the reevaluation of these children.
(6) The district is not
			 obligated to provide a child participating in the autism scholarship program
			 with FAPE while a parent of the child is receiving funds from the autism
			 scholarship program.
(7) If, at any time, a
			 parent of a child participating in the autism scholarship program decides to no
			 longer accept funds under the autism scholarship program and the child returns
			 to the district of residence for special education and related services, then
			 the district of residence will be required to provide the child with
			 FAPE.