1. --Special needs students in nonpublic schools may be on an: --Individual Education Plan (federal); --Individual Services Plan (federal); --Plan in accordance with 3301-13-10- OAC (state); --504 Plan (federal). Special S Parentally Placed students In Nonpublic Schools

2. Federal law -- All special needs students enrolled in public schools are entitled to a free and appropriate public school education (FAPE) and have a right to all special education services that are needed to address their disabilities. Parentally Placed Private School Children with Disabilities (34 CFR 300.130- 300.144) These are children who are: Voluntarily enrolled by their parents in a private school; Not referred to private schools to receive FAPE; Not entitled to FAPE; Cannot file due process complaints based on an individual entitlement/right to services; Can file a due process complaint on private school child find rights.

3. Federal Law: Proportional Share – Although parentally placed students in private schools do not have specific entitlement to special education services, school districts are required to conduct Child Find to identify, locate and evaluate parentally placed children to determine if they meet the definition of a child with a disability. A proportional percentage – number of parentally placed children with a documented disability compared to the number of documented special needs students in public and private schools within the district.

4. Example – Number of parentally placed children with a documented disability in private schools within a district = 2,000. Total number of special needs students in public and private schools within the district = 20,000. Proportional Share – 10 percent of the district allocation is to be expended for parentally placed students.

5. Consultation: Consultation determines which parentally placed students receive special education services from the proportional calculation. Remember – there is no specific entitlement or right of services for parentally placed children. Consultation – LEA’s are required to consult with both private school representatives and parental representatives throughout the school year so parentally placed private school children identified through the Child Find process can meaningfully participate in special education and related services as determined as a result of the consultation process.

6. Special needs students who receive state-sponsored scholarships (JPSNSP & ASP) are defined as parentally placed students and are not entitled to FAPE.

7. There are no federal requirements for nonpublic school students, including those with special needs, to take assessments. But parentally placed students who receive Jon Peterson Special Needs Scholarships are to be: -- Administered an OAA if enrolled in grades 3-8; --Administered the OGT this year if the student is enrolled in 10 th grade. Some students may complete the Alternate Assessment for students with severe cognitive disabilities as identified in Section 2 of their IEP. Students may be excused from taking an assessment if documented in their IEP. However, Ohio is trending to minimize such language in IEPs. Autism Scholarship Program – No assessment required.

8. Instructional Time: Assessments for students, particularly special needs students, may be counterproductive. Maximizing instructional time is especially essential for special needs students, many of whom are afforded extended time to assimilate information and complete assignments.

9. Recommendations: Provide a pathway for special needs students who are parentally placed in nonpublic schools to be exempt from state assessments, based on the following steps: The student’s IEP or ISP teams, or chartered nonpublic school in accordance with OAC 3301-13-10, determine which accommodations, if any, would offset the student’s disability for an assessment to accurately reflect the academic level of the student; If there is agreement from the aforementioned that accommodations would allow the student’s test score to accurately reflect his or her academic level, then said team or chartered nonpublic school would determine whether the student is administered a state assessment, nationally standardized test or alternate assessment.

10. Recommendations continued: If said teams or the chartered nonpublic school determine that accommodations can’t offset the student’s disability such that the student’s academic level is not accurately reflected on an assessment, then a written plan is developed within the frame work of 3301-13-10 of the Ohio Administrative Code. amount, with a cap of $20,000. See the funding chart for the amount for each category of disability. See the funding chart below for the amount for each category of disability. Scholarship Funding per Student 1 – Speech $7,275 $7,275 2 – Learning Disability $7,687 $7,687 3 – below Special Education Category Public School Funding per Student Scholarship Funding per Student 1 – Speech $7,275 $7,275 2 – Learning Disability $7,687 $7,687 3 – Hearing or Vision Impaired $14,911 $14,911 4 – Major Health Impairments $17,981 $17,981 5 – Multi-handicapped $21,842 $20,000 6 – Autism, Traumatic Brain Injury, Hearing and Vision Impaired $30,206 $20,000

11. Recommendations continued: OAC 3301-13-10 – standard to develop a plan to excuse chartered nonpublic school students from statewide tests, be offered as proposed statutory language for the General Assembly to consider. Graduation – Special needs students who are parentally placed in chartered nonpublic schools, exempt from state testing and meet criteria prescribed in Ohio law pursuant for high school graduation shall graduate from high school. r children, regardless whether they have attended public or chartered