If your child has a disability, they have the right to a free public education, just like every other child in this country. General education, without modification or accommodations, isn't appropriate for every child, and your child deserves and is entitled to an education where they are set up for success. The journey to getting your child the special education services they need can be complex. There is much to learn about the laws and regulations that govern special education and the process of obtaining these services for your child in your Ohio school district.
Understanding the ins and outs of the special education process in Ohio can be hard to do on your own, but you don't have to. The Lento Law Firm's Education Law Team is here to help you understand everything related to getting special education services and advocate for your child if needed. Our team has years of experience working with families to ensure their Ohio school district meets the needs of their children.
What Is Special Education?
Special education is specially designed instruction to meet the unique needs of a child with a disability, including instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings. This specially designed instruction is at no cost to the child's parent or guardian.
Who Is in Charge of Special Education in Ohio?
Ohio public schools serve about 1.6 million students yearly, with around 15.8 percent having a disability. In Ohio, special education services are offered for children ages three to 21. Your child may very well be eligible to become one of these children.
The Ohio Department of Education is responsible for all things related to special education. The Department understands that students with disabilities require different approaches and different educational settings that are specific to each child's needs. The Department of Education's Office for Exceptional Children works with school districts and other entities that provide special education for students with disabilities. This office has numerous roles, including but not limited to coordinating and administering programs to improve outcomes for students with disabilities and providing technical assistance to school districts around issues of compliance with federal special education laws.
The state of Ohio is committed to improving its special education programs and ensuring the success of special education students. In 2023, the Ohio Department of Education released a new program called Each Child on Track. The focus of the program is to keep students with disabilities on track to earn a general high school diploma, increasing the graduation rate for special education students from the current 59 percent to 70 percent by 2025. A general high school diploma is recognized at the federal level and offers students more post-graduation educational and career opportunities as opposed to less rigorous diploma options.
Relevant Laws
Individuals with Disabilities Education Act (IDEA)
IDEA is the main federal law covering disability rights for students aged K-12. The law dictates the way states and public agencies provide special education to children with disabilities. IDEA serves to do the following for children with disabilities:
- to ensure that all children with disabilities have available to them a free, appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living;
- to ensure that the rights of children with disabilities and parents of such children are protected;
- to assist States, localities, educational service agencies, and Federal agencies in providing for the education of all children with disabilities;
- to assist States in the implementation of a statewide, comprehensive, coordinated, multidisciplinary, interagency system of early intervention services for infants and toddlers with disabilities and their families;
- to ensure that educators and parents have the necessary tools to improve educational results for children with disabilities by supporting system improvement activities; coordinated research and personnel preparation; coordinated technical assistance, dissemination, and support; and technology development and media services;
- to assess and ensure the effectiveness of efforts to educate children with disabilities.
An important part of IDEA is the development of the Individualized Education Plan. An IEP is a document detailing your child's disability and the special education services the school is to provide for your child and establishes educational goals for your child to track their progress. The IEP is a legal document in writing.
Under IDEA, your child is also entitled to a Free Appropriate Public Education ("FAPE") for students with disabilities whose parents opt to have them within the public school system or charter school system. The FAPE will be included and recorded within the IEP.
Important components of a FAPE include appropriate evaluations, effectively involving parents and students in decision-making processes, and providing the least restrictive environment for learning.
Americans with Disabilities Act (ADA)
The ADA covers not just students but everyone with a disability. The law serves to prohibit discrimination against persons with disabilities in state and local government services. This law is important to children with disabilities because all public schools, not just those receiving Federal financial assistance, are covered under this law.
Section 504 of the Rehabilitation Act of 1973 (Section 504)
Section 504 of this law prohibits discrimination against individuals with disabilities who are attending schools that do receive Federal financial assistance. Even if a student doesn't qualify for IDEA and an IEP, students are eligible for protection under Section 504 if they meet one of the following requirements:
- Have a physical or mental impairment that substantially limits one or more major life activities
- Have a record of such an impairment
- Be regarded as having such an impairment
Plans developed under Section 504 are less formal than IEPs, which have a written requirement.
Ohio State Laws & Regulations
The Ohio Administrative Code (OAC) and Ohio Revised Code (ORC) house regulations related to special education. The relevant sections are OAC 3301-51: Education of Students with Special Needs and ORC Chapter 3323: Education of Children with Disabilities.
Common Terms
Informed parental consent. Informed parental consent means that you and/or the school district-appointed surrogate parent give permission in writing for the school to take specific action with your child. Your school district needs informed parental consent to take the following steps: evaluate your child for the first time or to re-evaluate your child, begin to provide your child services under their IEP, change your child's education plan, and give information about your child to someone other than those entitled under state or federal law. You can withdraw consent at any time, but the request must be in writing.
Evaluations. Evaluations are conducted to determine your child's disability and what special education services are appropriate for them. Which evaluations are appropriate are based on each child on a case-by-case basis, but common evaluations can include psychological evaluations, education evaluations, behavioral evaluations, parents, student, and teacher interviews, evaluations for speech and language processing, and evaluations of fine motor skills. Many different specialists can conduct these evaluations, such as a psychologist, school social worker, counselor, speech-language pathologist, occupational therapist, or any relevant and qualified professional.
Least Restrictive Environment ("LRE"). The LRE for learning means that your child will be in an environment where they have access to other students who do not have disabilities if at all possible. If your child is placed outside of a general education classroom, that decision must be justified, weighing the benefits of a purely special education requirement. Different schools offer different options, including co-taught classrooms with both a general education and special education teacher or part day in a general education classroom and part day in a more specialized setting.
Who Qualifies for Special Education?
The Ohio Department of Education follows the criteria outlined in IDEA for which disabilities qualify students for special education. Ohio considers a student to be disabled and is eligible for special education or special education services for their disability if the student has one or more conditions in the following categories:
- Intellectual disability
- Hearing impairment
- Speech or language impairment
- Visual impairment
- Emotional disturbance
- Orthopedic impairment
- Autism Spectrum Disorder
- Traumatic brain injury
- Specific learning disability
- Deafness
- Deaf-blindness
- A developmental delay
- Another health impairment
What Is the Process to Get My Child Special Education Services?
Obtaining special education services for your child is a multi-step process. While there might be slight differences between school districts, the process generally looks like this:
- You, as the parent, request the school district take action to evaluate your child's disability to determine their special education needs, or the school district will reach out to you to ask for your permission to evaluate your child.
- Your child will be evaluated to determine if they have a disability as defined in IDEA. If they do, these evaluations will also decide which special education services your child may need. If you disagree with the school district's evaluation, you can request an independent educational evaluation (IEE), which the school district will fund.
- If your child has an IDEA-defined disability, then they will be eligible for an IEP. If they are not eligible for an IEP, they may be eligible for a Section 504 Plan.
- Your child's progress will be monitored under their IEP to determine the usefulness of their accommodations and services. You will be invited to an annual meeting to discuss your child's progress and their IEP.
- Every three years, your child can be re-evaluated. This can be skipped if both you and your school district decide it is unnecessary.
Special Education-Related Resources in Ohio
Autism Scholarship Program. If your child is diagnosed with an Autism Spectrum Disorder, your school district is required by law (Section 3310.41 of the Ohio Revised Code) to inform you about the Autism Scholarship Program. This program gives the parents of a child with Autism the choice to send their child to a special education program outside of the programs offered within their designated school district. To be eligible for the scholarship, your child must meet the following requirements:
- Have been found by your school district of residence to be a child with Autism;
- Must have a current IEP from the school district of residence that you agree with and that has been finalized and
- Must be at least three years old.
Jon Peterson Special Needs Scholarship Program. This scholarship program established in Section 3310.52 of the Ohio Revised Code allows parents of a special needs child to send their child to a special education program outside of the ones operated by their school district of residence to receive the special education detailed in their IEP. To qualify for this scholarship program, your child must meet the following requirements:
- Must have been found by your school district of residence to be a child with a disability;
- Must have a current IEP from the school district of residence that you agree with and that has been finalized and
- Must qualify to attend kindergarten through grade 12.
The Right to Special Education
Your child with special needs has the right to education; that education just might look a little different than the general education offered to the average student. Your child deserves to be in an educational environment tailored to them, where they feel comfortable. And you deserve to rest easy knowing your child is getting the special education services they need. At the Lento Law Firm, we know the special education process can be hard on families, and we are here to support you. Let us help you ensure your child receives the special education services they are entitled to. Contact us online or at (888) 535-3686.
