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Supporting Erie, Huron and Lorain Counties

Compliance (Including IEPs)

Operating Standards

Update- December 2022:  

The Operating Standards for the Education of Children with Disabilities were passed through the Joint Committee on Agency Rule Review (JCARR) on Monday, December 12, 2022, and will be final filed the week of December 19th. The tentative effective date is July 2023. The Office for Exceptional Children felt July would be less disruptive for districts and parents than a mid-year effective date. The July effective date will also allow for more front loading of information and supports to districts and parents regarding the new revised rules. Additional information will be forthcoming from OEC.


The Operating Standards and the Guidance Document identify the state requirements and federal Part B Individuals with Disabilities Education Improvement Act (IDEA) requirements that apply to the implementation of special education and related services to students with disabilities by school districts, county boards of developmental disabilities and other educational agencies and other interested stakeholders.

The Operating Standards for Ohio Educational Agencies Serving Children with Disabilities ensure that students with disabilities have opportunities for equal access to the general education curriculum, equal participation in education and school activities, and transition planning for life after high school.  Both state and federal education entities have set high expectations for students with disabilities, with instruction expected to take place in the general education curriculum and with non-disabled peers as much as possible.


Services to Students When Schools or Districts Provide Alternative Means of Education

When working with students through alternative delivery models, the school or district should make a good faith effort within available capabilities to determine how a Free Appropriate Public Education (FAPE) will be provided and should ask the following questions: 

  • Do your special education students have access to the appropriate resources required to engage in your alternative delivery model, such as cell phones, computers and internet or other acceptable connectivity? 
  • Will all students in the school or district have equal access to the learning and required materials, which might include technology? 
  • Can the alternative delivery model effectively support the district’s deployment of FAPE, including the ability to provide differentiated instruction and one-on-one support for students who need it? Regardless of where the learning is happening, supports and services identified within a student’s IEP must be provided to the extent practicable and without putting the health and safety of students or educators at risk as long as the school district is operating. This might consist of phone calls or virtual conferences for direct one-on-one interaction with a student. 
  • If using a virtual platform, can your district or building provide training to staff, students, parents and guardians enabling them to use the online system and understand the district’s expectations for use of the system? All training can be accomplished virtually. 
  • If using phone time to connect with students or email, can your district or building communicate and connect with families to discuss a structure and communication routine for working with their student via phone or email? 
  • Does your district or building have a process in place to track and document communications with parents and services provided pursuant to the IEP? 
  • Can the district or building work with related services providers to understand to what extent possible any particular service, such as occupational therapy, physical therapy and speech language therapy, can be provided in an alternative delivery format?  
  • How can your instructional aides or assistive technology support services to students during Ohio’s ordered school-building closure? 

If after considering the above, the distrcit cannot meet the needs of students with disabilities, the district must determine how copensatory services will be provided after the ordered school-building closure period has ended.

Prior Written Notice

Effectively immediately, an IEP can no longer serve as Prior Written Notice, even if the parent agrees to the IEP.   
Click here to learn more. 

KRISTIN FAZIO

Director
440.324.3173 x1136 

JENNIFER HEIM

Assistant Director, specializing in access to instruction and assessment
440.324.3173 x1148


MATT MARINO

Career-Technical Plannin District Consultant
440.324.3173 x1163 

MELISSA WAGNER

Post-Secondary Transition/Special Education Consultant
440.324.3173 x1133 
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