Ohio Special Education Requirements

What special education requirements does Ohio have beyond federal law?

Ohio has several state-specific special education requirements and programs that go beyond federal IDEA mandates. The Operating Standards for the Education of Children with Disabilities is Ohio's comprehensive regulatory document that consolidates federal IDEA Part B requirements with Ohio-specific rules from OAC Chapter 3301-51 and ORC Chapter 3323 (updated June 2024; education.ohio.gov). All educational agencies must adopt written policies and procedures regarding the education of children with disabilities, either by adopting the ODE Special Education Model Policies and Procedures or developing their own (OAC 3301-51-02). The Jon Peterson Special Needs Scholarship Program (ORC 3310.51-3310.64) is a school choice program available to students aged 5-21 who have an active IEP from their local school district. There is no income cap. The scholarship provides funding for approved special education services from registered private providers. In FY2025, 8,680 Jon Peterson Scholarships were awarded totaling approximately $103.9 million, with an average of $12,796 per student (education.ohio.gov). The Autism Scholarship Program (ORC 3310.41) provides scholarships to students who have been identified as autistic (including PDD-NOS) by their school district, are at least age 3 and under 22, and were enrolled in or eligible to enter a district. The scholarship funds services at approved private autism providers. There is no income requirement. Ohio provides preschool special education for children ages 3 through 5 under OAC 3301-51-11, with districts responsible for child find, evaluation, and FAPE in the least restrictive environment. OCALI (Ohio Center for Autism and Low Incidence) provides statewide assistive technology lending, technical assistance, and professional development for students with autism and low-incidence disabilities (ocali.org). The AT&AEM Center within OCALI handles accessible educational materials including braille, large print, audio, and digital text conversions. Ohio's 16 regional State Support Teams (SSTs) provide no-cost special education technical assistance and compliance monitoring to all districts. Ohio follows the federal IDEA transition planning standard of age 16 — Ohio does not require an earlier transition start age by state law (OAC 3301-51-07(E)(2); 34 CFR 300.320(b)). Ohio also has specific requirements for preschool special education, including annual interagency agreement reviews to ensure FAPE for children ages 3-5 (OAC 3301-51-11).

What Ohio Requires

Operating Standards for Education of Children with Disabilities consolidates IDEA and Ohio requirements (OAC Chapter 3301-51; updated June 2024)

Districts must adopt written special education policies and procedures (OAC 3301-51-02)

Jon Peterson Special Needs Scholarship: ages 5-21, active IEP required, no income cap, funds private providers (ORC 3310.51-3310.64)

Autism Scholarship: students identified as autistic (including PDD-NOS), ages 3-21, no income cap (ORC 3310.41)

Preschool special education ages 3-5 with child find, evaluation, and FAPE in LRE (OAC 3301-51-11)

OCALI provides statewide AT lending, technical assistance, and accessible educational materials (ocali.org)

16 SSTs provide no-cost special education technical assistance and compliance monitoring

Transition planning begins no later than age 16 — Ohio follows the federal IDEA standard and does not require an earlier age by state law (OAC 3301-51-07(E)(2); 34 CFR 300.320(b))

Annual interagency agreement reviews required for preschool special education (OAC 3301-51-11)

Key Timelines

Jon Peterson Scholarship requires annual application and active IEP (ORC 3310.51-3310.64)

Preschool eligibility: children at least age 3 and not age 6; exception for children turning 3 by October 31 (OAC 3301-51-11)

Sources

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