IEP Modifications in Ohio: Accommodations vs. Modifications
What is the difference between accommodations and modifications in a Ohio IEP?
In Ohio, modifications to the educational program are addressed through multiple provisions in the Ohio Administrative Code and Ohio Revised Code. The IEP must include a statement of special education, related services, and supplementary aids and services, including program modifications and supports for school personnel, that will be provided to enable the child to advance appropriately toward annual goals, be involved in and make progress in the general education curriculum, participate in extracurricular and nonacademic activities, and be educated and participate with both disabled and nondisabled children (ORC §3323.011(D); OAC §3301-51-07(E)(1)(e); 34 CFR 300.320(a)(4)). The IEP must also include an explanation of the extent, if any, to which the child will not participate with nondisabled children in the regular class (ORC §3323.011(E); OAC §3301-51-07(E)(1)(f); 34 CFR 300.320(a)(5)). Ohio requires that each educational agency provide a continuum of alternative placements as specified in OAC §3301-51-09, which includes instruction in regular classes, special classes, special schools, home instruction, and instruction in hospitals and institutions, along with supplementary services such as resource room or itinerant instruction provided in conjunction with regular class placement. Placement decisions must be made at least annually by a team that includes the parents and persons knowledgeable about the child, the meaning of the evaluation data, and the placement options (OAC §3301-51-09). Children must be educated in the least restrictive environment (LRE) — to the maximum extent appropriate, with nondisabled peers — and removal from regular education occurs only when the nature or severity of the disability prevents satisfactory achievement even with supplementary aids and services (OAC §3301-51-09(C); 34 CFR 300.114). Ohio evaluations under OAC §3301-51-06 must determine whether any additions or modifications to the special education and related services are needed to enable the child to meet measurable annual goals and participate in the general education curriculum (OAC §3301-51-06(F)(1)(b)(vi)). Service areas for intervention specialists must be located in the section of the building that houses children without disabilities of comparable age, and children with disabilities receive identical access to textbooks, materials, and technology as nondisabled peers, with additional materials provided as needed (OAC §3301-51-09).
What Ohio Requires
The IEP must include program modifications and supports for school personnel that enable the child to advance toward goals, participate in the general curriculum, and be educated with nondisabled children (ORC §3323.011(D); OAC §3301-51-07(E)(1)(e); 34 CFR 300.320(a)(4)).
The IEP must explain the extent to which the child will not participate with nondisabled children in the regular class (ORC §3323.011(E); OAC §3301-51-07(E)(1)(f); 34 CFR 300.320(a)(5)).
Ohio requires a continuum of alternative placements including regular classes, special classes, special schools, home instruction, and hospital instruction, with supplementary services such as resource room or itinerant instruction (OAC §3301-51-09(C)).
Children must be educated in the least restrictive environment; removal from regular education occurs only when the disability prevents satisfactory achievement even with supplementary aids and services (OAC §3301-51-09(C); 34 CFR 300.114).
The evaluation team must determine whether modifications to special education and related services are needed for the child to meet annual goals and participate in the general curriculum (OAC §3301-51-06(F)(1)(b)(vi)).
Service areas for intervention specialists must be located in the building section that houses nondisabled children of comparable age (OAC §3301-51-09).
Children with disabilities must receive identical access to textbooks, materials, and technology as nondisabled peers, with additional materials provided as necessary for curriculum access (OAC §3301-51-09).
Key Timelines
Placement decisions must be made at least annually by a team including the parents and knowledgeable persons (OAC §3301-51-09; 34 CFR 300.116).
The IEP team must review program modifications at least annually and revise as appropriate (OAC §3301-51-07(I)(2); 34 CFR 300.324(b)).
A change of placement requires prior written notice (PWN) to parents; meaningful parental participation in the placement decision is required, but a change of placement does not require parental consent under IDEA unless it is the initial provision of services (OAC §3301-51-05(H); OAC §3301-51-09; 34 CFR 300.116).
Reevaluations that may inform modifications must occur at least every three years, unless waived by parent and district agreement (OAC §3301-51-06(D)(2)).