IEP Eligibility in Ohio: Who Qualifies?
What qualifies a child for an IEP in Ohio?
Ohio eligibility for special education services is governed by OAC 3301-51-06 and ORC 3323.01. A 'child with a disability' is defined as a child who has been evaluated in accordance with OAC 3301-51-06 and found to have one of the 13 recognized disability categories, and who, by reason of that disability, needs special education and related services (OAC 3301-51-01). The evaluation process uses the Evaluation Team Report (ETR), Ohio's required form (PR-06), which must document the team's findings from a comprehensive evaluation. The ETR requires the team to answer three eligibility questions: (1) Does the child have a disability? (2) Does the disability adversely affect educational performance? (3) Does the child need specially designed instruction? If the answer to all three is YES, the child is eligible for special education; if any answer is NO, the child is not eligible (OAC 3301-51-06). Evaluations must use a variety of assessment tools and strategies to gather relevant functional, developmental, and academic information, and no single measure or procedure may be used as the sole criterion for determining eligibility (OAC 3301-51-06(B)(2)). The evaluation team must include the parent, at least one regular education teacher, at least one special education teacher or provider, a representative of the school district qualified to provide or supervise specially designed instruction and knowledgeable about general curriculum and district resources, and an individual who can interpret the instructional implications of evaluation results (OAC 3301-51-06(B)). For specific learning disability (SLD) determinations, Ohio permits both response to intervention (RTI) models and the severe discrepancy model, at district discretion (OAC 3301-51-06(H)). Educational agencies must adopt written policies and procedures to ensure a referral process is employed to identify children suspected of having a disability (OAC 3301-51-06(A)).
What Ohio Requires
Eligibility requires an affirmative answer to all three ETR questions: disability exists, adversely affects educational performance, and child needs specially designed instruction (OAC 3301-51-06)
Evaluations must use multiple assessment tools and strategies; no single measure may be the sole criterion (OAC 3301-51-06(B)(2))
The ETR (PR-06 form) is the required document for recording evaluation findings and eligibility determination (OAC 3301-51-06)
Evaluation team must include parent, regular education teacher, special education teacher, district representative, and evaluation interpreter (OAC 3301-51-06(B))
For SLD, Ohio permits both RTI and severe discrepancy models at district discretion (OAC 3301-51-06(H))
Assessments must be administered in the child's native language or mode of communication and must be nondiscriminatory (OAC 3301-51-06(B)(2))
Educational agencies must adopt written referral policies to identify children suspected of having disabilities (OAC 3301-51-06(A))
Key Timelines
Within 30 calendar days of receipt of a referral, the district must either obtain parental consent for evaluation or provide prior written notice that it will not evaluate (OAC 3301-51-06(B)(3))
Initial evaluation must be completed within 60 calendar days of obtaining parental consent (OAC 3301-51-04(D)(1); OAC 3301-51-06(B)(4)(a))
IEP meeting must occur within 30 calendar days of the eligibility determination (OAC 3301-51-07(H)(1))