OLRS submits comments to the Ohio Department of Education on proposed IDEA rules
On June 1, 2007, the Ohio Legal Rights Service (OLRS) submitted the agency's comments on the Ohio Department of Education's (ODE) rules governing special education in Ohio. The federal regulations for the Individuals with Disabilities Education Act (IDEA) became effective on October 14, 2006. In order to assure compliance with the federal law, ODE's Office for Exceptional Children is proposing changes to the Operating Standards for Ohio's Schools Serving Children with Disabilities. The draft proposed rules incorporate the federal regulations and include other items specific to Ohio.
In its comments, OLRS provides recommendations and the agency's concerns with issues in the following areas of the proposed rules:
- Definitions (Rule 3301-51-01)
- Free Appropriate Public Education (Rule 3301-51-02)
- Procedural Safeguards (Rule 3301-51-05)
- Evaluations (Rule 3301-51-06)
- Individualized Education Program (IEP) (Rule 3301-51-07)
- Due Process Procedures (Rule 3301-51-08)
- Delivery of Services (Rule 3301-51-09)
- Preschool Special Education Requirements (Rule 3301-51-11)
- Parentally-placed Nonpublic School Children (Rule 3301-51-12)
Read OLRS' comments: Letter to ODE from OLRS, June 1, 2007 (PDF file)
OLRS is reserving additional comments until the next draft of the rules. You can read the current draft rules, including how to submit your comments, on the ODE Web site: Proposed Rule Amendments (DRAFT 2.0: June 8, 2007)
Public hearings on the proposed rules are tentatively scheduled for December 2007 before the State Board of Education and the Joint Committee on Agency Rule Review.
IDEA 2004 is a federal law that guarantees all eligible children with disabilities between the ages of 3 and 21 (or until the child graduates) the right to a free appropriate public education designed to meet their individual needs. Part C of the IDEA provides services, education and support for children birth through 2 who have a disability or delay. The IDEA regulations were published in the Federal Register on August 14, 2006 and went into effect on October 14, 2006. You can read the regulations on the Federal Register Web site: Federal Register - Final IDEA 2004 Regulations (PDF file)
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