Ohio Admin. Code 3301-51-11 - Preschool children eligible for special education
(A) Except as
otherwise specified in this rule, the definitions in rule
3301-51-01 of the Administrative
Code apply to this rule and to preschool special education.
(1) Definitions
(a) "Co-taught class" means a class operated
by a public school, educational service center, or county board of
developmental disabilities that is taught by two licensed teachers: one
licensed general education teacher and one licensed intervention specialist.
(i) Both teachers are assigned to the
classroom for the full duration of each class session.
(ii) All children in the co-taught class are
on the general education teacher's roster, and the children with disabilities
are also counted in the intervention specialist's caseload.
(iii) A maximum of eight children with
disabilities (i.e., children with IEPs) are enrolled in the class; the
department may grant a waiver (on a case-by-case basis) for additional children
with disabilities to be enrolled in a co-taught class.
(iv) The class must have more children
without disabilities enrolled than children with disabilities.
(v) The co-taught class shall be considered a
general education class for program licensing purposes.
(b) "Full-day class session" means a class
session of four or more hours.
(c)
"Half-day class session" means a class session of fewer than four
hours.
(d) "Itinerant services" for
a preschool child who is eligible for special education services means services
provided by intervention specialists or related services personnel which occur
in the setting where the child, the child and parent(s), or the child and
caregiver are located.
(e)
"Kindergarten age eligible" means the child is age eligible pursuant to section
3321.01 of the Revised Code in
his or her school district of residence.
(f) "Public school preschool special
education class" means a class in which the lead teacher is qualified to teach
preschool special education according to rule
3301-37-04 of the Administrative
Code, the lead teacher is responsible for specially designed instruction for
one or more children with IEPs enrolled in the class, and at least fifty-one
per cent of the students enrolled in the class are children with
disabilities.
(g) "Regular early
childhood setting" means any of the following educational settings in which
fifty per cent or less of the students are children with disabilities:
(i) Public school preschool general education
class, as defined in this rule;
"Public school preschool general education class" means a class that meets all of the following criteria:
(a) Operated by a public school (including
community schools), educational service center, or county board of
developmental disabilities;
(b)
Taught by a general education teacher or dual-licensed teacher who meets the
lead teacher qualifications for a preschool general education class according
to rule 3301-37-04 of the Administrative
Code;
(c) Includes instruction in
the general education curriculum aligned to Ohio's Early Learning and
Development Standards;
(d) The lead
teacher of a public school preschool general education class shall not serve as
the intervention specialist of record or IEP case manager for any children with
disabilities (i.e., children with IEPs), even if the individual holds
appropriate licensure for those roles;
(e) A maximum of eight children with
disabilities (i.e., children with IEPs) enrolled in a public school preschool
general education class that is taught by a general education teacher who meets
the lead qualifications outlined in paragraph (A)(1)(a)(ii) of this rule, and
the class must be made up of fifty per cent or fewer children with disabilities
enrolled than children without disabilities; the department may grant a waiver
(on a case-by-case basis) for additional children with disabilities to be
enrolled.
(ii) Public
school preschool integrated class, as defined in this rule:
"Public school preschool integrated class" means a class that meets all of the following criteria:
(a) Operated by a public school (including
community schools), educational service center, or county board of
developmental disabilities;
(b)
Taught by a general education teacher or dual-licensed teacher who meets the
lead teacher qualifications for a preschool special education class according
with rule
3301-37-04 of the Administrative
Code;
(c) Fifty per cent or fewer
of the students in the class are children with disabilities; and
(d) The lead teacher of a public school
preschool integrated class may serve as the intervention specialist of record
or IEP case manager for any children with disabilities (i.e., children with
IEPs) enrolled in the public school preschool integrated class, if the
individual holds the appropriate licensure.
(iii) Non-public school preschool program, as
defined in this rule; or
"Non-public school preschool program" means a program that meets all of the following:
(a) A
chartered nonpublic school licensed by the Ohio department of education or a
program licensed by the Ohio department of job and family services (e.g., head
start or community child care program licensed by ODJFS); and
(b) A program having a three-, four-, or
five-star rating in "Step Up to Quality" (SUTQ) in accordance with H. B. 49
(see section 265.2, 132nd General Assembly)
and H. B. 64 (see section
263.20, 131st General Assembly).
The ratings of each program shall be determined in accordance with rule
5101:2-17-01 of the
Administrative Code.
(h)
"Service provider location" means the child travels to the service provider's
location to receive IEP services (e.g., when a child receives speech therapy in
the speech therapist's office in the school building).
(i) "Support for school personnel services"
may include modeling specially designed instruction, preparing materials for
use by others, co-planning instruction or interventions, coaching, or otherwise
consulting with a family member, caretaker, general education teacher,
intervention specialist, related services personnel, paraprofessional, or other
person who provides care, education, or related services to the
child.
(B)
Except as otherwise specified in this rule, all preschool programs are required
to comply with Chapter 3301-37 of the Administrative Code, child day-care
programs.
(C) Free appropriate
public education. A school district who provides preschool special education
shall comply with rule
3301-51-02 of the Administrative
Code.
(D) Child find. A school
district who provides preschool special education shall comply with rule
3301-51-03 of the Administrative
Code, except as otherwise specified in this paragraph.
(1) A school district may choose to use the
term "developmental delay" under the following conditions, as defined in rules
3301-51-01 and
3301-51-03 of the Administrative
Code, for children who are experiencing developmental delays and who, by reason
thereof, need special education and related services:
(a) The applicability of the term shall be
based upon the individual needs of the child as determined by the evaluation
team or the IEP team and other qualified professionals;
(b) In addition to the assessments required
in paragraph (G)(1) of this rule, results of appropriate diagnostic instruments
and procedures may also be used to help make the determination that a child has
a "developmental delay." A developmental delay may be substantiated by a delay
of two standard deviations below the mean in one or more of the areas of
development or 1.5 standard deviations below the mean in two or more of the
areas of development listed in paragraph (D)(1)(c) of this rule. The results
shall not be used as the sole factor in making the determination that a child
has a developmental delay.
(c)
"Developmental delay" means a child who is experiencing a delay as determined
by an evaluation team, IEP team, and other qualified professionals in one or
more of the following areas of development:
(i) Physical development;
(ii) Cognitive development;
(iii) Communication development;
(iv) Social or emotional development;
or
(v) Adaptive
development.
(2) Interagency agreements
Each school district shall annually review interagency agreements with all partners to ensure a free appropriate public education (FAPE) is provided to all preschool children who are eligible for special education services between the ages of three through five residing in the school district. At a minimum, agreements with the following partners are required:
(a) "Head Start" programs
within the school district's service delivery area that provide for:
(i) Service coordination for preschool
children who are eligible for special education services, three through five
years of age, in a manner consistent with the state interagency agreement for
service coordination with "Head Start"; and
(ii) Transition of children eligible for
special education and related services as a preschool child at age
three.
(b) The county
agency responsible for "Part C Early Intervention" delivery system that
provides for the transition of children from Early Intervention services to
preschool special education and related services at age three in a manner
consistent with the state interagency agreement for service coordination with
"Head Start." The agreement must include, but is not limited to, the following
requirements:
(i) A process by which
strategies are evaluated for effectiveness and appropriate revisions to the
agreement are made;
(ii) A process
by which "Early Intervention" refers any child who is forty-five days or fewer
from his or her third birthday and is suspected of having a disability. A child
referred to the district forty-five days or fewer from his or her third
birthday must have an evaluation completed within sixty days of parental
consent for evaluation, but an individualized education program (IEP) is not
required by his or her third birthday;
(iii) Shared responsibilities for evaluating
any child suspected of having a disability referred to "Early Intervention" at
least forty-six days before his or her third birthday but not more than ninety
days before his or her third birthday;
(iv) Shared responsibilities for child find,
including locating, evaluating, and identifying children with disabilities
birth through age five; and
(v)
Timelines and processes for sharing information about any child who may be
transitioning as a preschool child eligible for special education services from
"Early Intervention" services to special education and related
services.
(c) Agencies
within the school district's service delivery area providing special education
services (e.g. county boards of developmental disabilities, education service
centers) for identification, service delivery, and funding to adequately serve
preschool children who are eligible for special education services three
through five years of age. The agreement must include, but is not limited to,
the following requirements:
(i) A process by
which strategies are evaluated for effectiveness and appropriate revisions to
the agreement are made;
(ii) Shared
responsibilities for evaluating any child suspected of having a
disability;
(iii) Shared
responsibilities for child find, including locating, evaluating, and
identifying children with disabilities; and
(iv) Timelines and processes for sharing
information about any child who may be transitioning as a preschool child into
special education services.
(3) Transition from "Part C Early
Intervention" Each school district is responsible for the following activities
related to transition for a child receiving Early Intervention services under
part C of the Individuals with Disabilities Education Act, as amended by the
Individuals with Disabilities Education Improvement Act of 2004, December 2004
(IDEA):
(a) If invited by a representative of
the part C system, a school district representative shall attend a conference
to discuss transition from "Early Intervention" services to preschool.
(i) The school district shall not delay or
refuse participation in the transition conference because of residency disputes
or the absence of a birth certificate. A school district may use the thirty
days following the transition conference to confirm residency and gather other
enrollment documentation, or document attempts to gather such
evidence.
(ii) The transition
conference may occur up to nine months before a child's third
birthday.
(iii) The school district
shall document participation in the conference.
(b) The date of referral to the school
district shall be the earliest of the following:
(i) One hundred fifty days prior to the
child's third birthday, if the transition planning conference or notification
from part C occurs more than one hundred fifty days prior to the child's third
birthday; or
(ii) The date the part
C representative first notifies the school district about the child, if this
date is within one hundred fifty days prior to the child's third birthday;
or
(iii) The date of the transition
planning conference, if the transition planning conference occurs within one
hundred fifty days prior to the child's third birthday.
(c) At the parent's request, the school
district shall invite the part C service coordinator to the initial IEP
meeting.
(d) If a child is eligible
for special education and related services as a preschool child, the school
district shall work with the family to ensure an IEP is in place and
implemented by the child's third birthday. If the child's third birthday occurs
during the regular school year, services must begin by the child's third
birthday.
(e) The IEP team must
consider extended school year services as part of the IEP process for children
transition from part C services. A school district shall not require any child
to have previous school experience to receive extended school year services.
Based upon data available from the part C system, the IEP team shall determine
if extended school year services are required as outlined in rule
3301-51-02 of the Administrative
Code.
(f) A school district
determined by the Ohio department of education to be noncompliant with the
transition timeline to have an IEP in place by an eligible child's third
birthday:
(i) Shall develop a corrective
action plan in addition to the interagency agreement. The corrective action
plan must include the signature of a representative of the agency responsible
for "Part C Early Intervention" services; and
(ii) May have funds reduced or terminated by
the Ohio department of education.
(E) Confidentiality. A school district who
provides preschool special education shall comply with rule
3301-51-04 of the Administrative
Code.
(F) Procedural safeguards. A
school district who provides preschool special education shall comply with rule
3301-51-05 of the Administrative
Code.
(G) Evaluations. A school
district who provides preschool special education shall comply with rule
3301-51-06 of the Administrative
Code, except as otherwise specified in this paragraph.
(1) Eligibility. Sufficient information shall
be obtained using a variety of information sources to confirm that a disability
exists. Eligibility for special education and related services as a preschool
child shall be determined on the basis of multiple sources of information,
including, but not limited to:
(a) Data from
part C for children transitioning from early intervention services and
information from any current community or preschool program
providers;
(b) Observations in more
than one setting and in multiple activities shall be conducted after obtaining
parental consent for such observations;
(c) Information provided by the parent or
caregiver;
(d) Results of at least
one criterion-referenced assessment; and
(e) Results of at least one norm-referenced
assessment.
(2) Based on
the variety of sources of information listed in paragraphs (G)(1)(a) to
(G)(1)(e) of this rule, a group of qualified professionals and the parent of
the child shall determine if the child has a disability and is eligible for
special education and related services as a preschool child.
At a minimum, the group of qualified professionals must include two or more representatives of the school district who collectively meet the following requirements:
(a) Qualified
to provide or supervise the provision of specially designed instruction to meet
the unique needs of the child;
(b)
Qualified to provide or supervise the provision of instruction in the preschool
general education curriculum;
(c)
Authorized to make decisions about the use of school district resources for
special education and related services; and
(d) Qualified to interpret the instructional
implications of evaluation results.
(3) A school district must ensure that
sufficient resources are available to conduct evaluations during the summer
months and meet the timelines described in rule
3301-51-06 of the Administrative
Code.
(4) A preschool child
eligible for special education services shall be at least age three and not age
six, with the following exception:
(a) A child
younger than three years of age may be eligible if the child will be three by
October thirty-one of the current calendar year, and the child will receive
special education and related services beginning the first day of the school
year, unless an alternative start date is determined by the IEP team, which
must include the child's parent.
(b) A child who is age eligible for
kindergarten, but not compulsory school age, may remain in preschool special
education through the completion of the school year despite turning six under
the following conditions:
School-age services must be considered
during the IEP process for a child who will be age eligible for kindergarten in
the following school year;
(ii) A child who is eligible for
preschool special education under the category of developmental delay and turns
six during the school year must have a preschool reevaluation prior to age six
to determine eligibility under one of the other eligibility
categories.
(H) Individualized education program (IEP). A
school district who provides preschool special education shall comply with rule
3301-51-07 of the Administrative
Code.
(I) Parentally placed
nonpublic school children. A school district who provides preschool special
education shall comply with rule
3301-51-08 of the Administrative
Code. Nothing in this section is intended to change the circumstances under
which a district is or is not required to pay for the cost of FAPE pursuant to
paragraph (B)(8) of rule
3301-51-08 of the Administrative
Code.
(J) Delivery of
services/least restrictive environment. A school district who provides
preschool special education shall comply with
34 C.F.R.
300.114 to
300.118 and rule
3301-51-09 of the Administrative
Code.
(1) In ensuring that a continuum of
alternative placements is available to meet the needs of children with
disabilities for special education and related services, a school district
shall annually prepare, post publicly, and make available to parents during the
evaluation process; a list of the available preschool education service options
in the community. This list shall not be limited to service providers within
the geographic boundaries of the district but shall include providers outside
the limits of the school district boundaries that may be more easily accessible
to children with disabilities living within the boundaries of the school
district. This list shall inform the discussions and decision on the
appropriate placement of each child with a disability.
(2) In considering appropriate placement
options consistent with the requirement to service students in the least
restrictive environment, the IEP teams shall consider available options:
(a) A public school preschool general
education class or a non-public school preschool program in which no more than
eight children with disabilities are enrolled,
(b) A regular early childhood education
setting in which fifty per cent or fewer of the students are children with
disabilities,
(c) A public school
preschool integrated class in which fifty per cent or fewer of the students are
children with disabilities,
(d) A
public school preschool special education class in which more than fifty per
cent of the students are children with disabilities,
(e) A special school,
(f) A home or service provider
location.
(3) The
placement decision made annually by the IEP team, which includes the parents,
shall include consideration of the child being educated in the school that he
or she would have attended if nondisabled. Notwithstanding the foregoing, the
IEP can require a different placement if it is determined that there would be a
potential harmful effect on the child or on the quality of services that he or
she needs. This determination could result in the child staying in his or her
current class or program, as the case may be.
(4) A child who already participates in a
regular early childhood setting when identified as a child with a disability
shall remain in the program in which the child is enrolled unless the IEP team
determines that it is unable to serve the child consistent with the provisions
in paragraph (J)(3) of this rule. A child with a disability shall not be
removed from education in age-appropriate regular classrooms solely because of
needed modifications in the general education curriculum. Removing a child from
his/her general education setting (such as, regular routines or activities) or
removing a child from nondisabled peers to provide specially designed
instruction and/or related services requires individualized justification
within the child's IEP.
Nothing in this rule shall restrict an IEP team from placing a child in a nonpublic preschool environment which does not have a three-, four- or five-star rating in the "Step Up to Quality Program" if the IEP team, which must include the parent, determines the placement is in the best interest of the child.
(5) Preschool
services.
(a) When determining services, the
school district shall consider the requirements in rule
3301-51-09 of the Administrative
Code and the following factors:
(i) The
child's ability to participate and progress in the general early childhood
curriculum;
(ii) The child's
socialization needs; and
(iii) The
child's educational and developmental progress.
(b) Unless otherwise specified by the IEP
team, services shall be provided for all preschool children eligible for
special education services in accordance with the following:
(i) A child served in the home or service
provider location must be provided a minimum of one hour of instruction per
week in the general education curriculum that includes specially designed
instruction; or
(ii) From the
effective date of this rule children served in any setting other than home or
service provider location must be provided a minimum of three hundred sixty
hours of programming per year, which must include instruction in the general
education curriculum, and a minimum of one hour of specially designed
instruction or related services per week, or a combination of specially
designed instruction and related services; and
(iii) For all preschool children receiving
special educations services "support for school personnel services" must be
considered during each IEP meeting.
(c) A child with a visual and/or hearing
impairment who receives services in a non-categorical classroom shall have a
minimum of support for school personnel services provided by an intervention
specialist licensed in the area for the child's sensory impairment(s) (e.g,
PK-12 "Intervention Specialist for Hearing Impaired").
(6) Measuring child progress.
A school district shall measure a child's progress using multiple sources of information. Information must be obtained across multiple settings, representing a variety of interactions and input from parents and staff involved with the child.
(a)
Information shall be analyzed to evaluate the conditions under which desired
behaviors occur and if the desired behavior is not demonstrated, an analysis of
contributing factors shall be conducted and changes in the environment,
curriculum, and instruction shall be considered.
(b) Information on a child's progress shall
be reported in the manner prescribed by the Ohio department of
education.
(7) Preschool
personnel qualifications.
Personnel providing preschool services shall be appropriately credentialed as defined by Chapter 3301-24 of the Administrative Code.
Intervention specialists who are assigned to categorical preschool classrooms for children with visual or hearing impairments must have the appropriate license required for the categorical area.
(8) Preschool supervisory services.
Each school district shall designate a qualified individual to ensure preschool special education services are provided in accordance with all applicable rules, regulations, and laws. The designated individual shall be responsible for the following:
(a)
Ensuring the development and implementation of an interagency agreement as
outlined in paragraph (D)(2) of this rule.
(b) Providing assistance to early childhood
personnel in the provision of developmentally and exceptionality appropriate
practices for preschool children who are eligible for special education
services;
(c) Ensuring compliance
with licensing requirements pursuant to section
3301.58 of the Revised
Code;
(d) Facilitating the
provision of comprehensive early childhood delivery systems for young children
with disabilities including the integration of education, health, social
services, and parent education components.
(e) Participating in the development and
evaluation of professional development plans and induction programs that apply
to early childhood personnel pursuant to rule
3301-24-06 of the Administrative
Code and section 3319.223 of the Revised
Code;
(f) Participating in the
"Step Up to Quality" program established pursuant to section
5104.29 of the Revised Code and
maintaining a status of three-, four-, or five-stars;
(g) Assisting with the implementation and
evaluation of state standards that apply to early childhood programs;
(h) Collaborating with early childhood
providers including "Head Start" programs, "Part C Early Intervention"
providers, county boards of developmental disabilities, local family and
children first councils, community childcare programs, and community preschools
to ensure continuity of care for dual enrolled children and the availability of
a full "Least Restrictive Environment" continuum;
(i) Collaborating with the regional state
support team in the provision of training and technical assistance responsive
to the needs of preschool special education staff; and
(j) Collaborating with the Ohio department of
education, office of early learning and school readiness, as
appropriate.
(9) Service
provider workload determination for delivery of services.
In addition to caseload requirements, school districts must consider the overall workload of each staff member in accordance with rule 3301-51-09 and the licensing ratio requirements for preschool programs defined in rule 3301-37-04 of the Administrative Code.
(a) A full-time early childhood
intervention specialist shall be provided when there are eight full-day or
sixteen half-day children served on IEPs enrolled in a public school preschool
special education class.
(b) An
intervention specialist classroom teacher responsible for eight or more
half-day class sessions (e.g., four morning and four afternoon sessions per
week), or four full-day class sessions shall not carry an additional itinerant
caseload;
(c) An intervention
specialist classroom teacher responsible for up to five halfday class sessions
(e.g., five morning sessions per week) or up to three full-day class sessions,
may serve up to eight additional children on an itinerant caseload;
(d) An intervention specialist classroom
teacher responsible for six or seven half-day class sessions (e.g., three
morning and four afternoon sessions per week), may serve up to four additional
children on an itinerant caseload;
(e) An itinerant intervention specialist at
one FTE shall serve no more than twenty eligible preschool children;
and
(f) A preschool attendant at
one FTE shall have a caseload of no more than three eligible preschool
children.
(g) The department may
grant a waiver (on a case-by-case basis) to the itinerant caseload requirements
in paragraphs (J)(9)(c) to (J)(9)(e) in this rule for an intervention
specialist to serve additional children with disabilities.
(h) Staff serving preschool and school age
children with disabilities will have FTE apportioned on the basis of the number
of children served in each age category and the percentages totaling one
hundred per cent.
(K) Transportation of children with
disabilities. Rule
3301-51-10 of the Administrative
Code applies to preschool special education. Transportation shall be listed as
a related service on a preschooler's IEP if the IEP team determines that
transportation is required for the child to access FAPE and benefit from
special education.
Notes
Promulgated Under: 119.03
Statutory Authority: 3301.07, 3323.02, 3323.07, 3323.08
Rule Amplifies: 3301.07(J), 3323.01, 3323.02, 3323.022, 3323.07, 3323.08, 3327.01, 3327.02
Prior Effective Dates: 07/01/2002, 04/21/2007, 07/01/2008, 07/01/2014, 07/01/2021, 10/28/2022
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