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A Parent's Guide to Special Education Rights in Ohio

A Parent\'s Guide to Special Education Rights in Ohio

As a parent or guardian, understanding your rights and the special education services available to your child is crucial. This guide aims to provide clear and concise information on informed parental consent, surrogate parents, eligibility for special education, and independent educational evaluations (IEE).

Informed Parental Consent

Informed parental consent means that you, or a district-appointed surrogate parent, give written permission for the school district to take specific actions related to your child's special education. This consent ensures you are fully informed about the proposed actions. Here are instances when your consent is required:

What is a Surrogate Parent?

A surrogate parent represents a child with a disability in all matters related to qualifying for and receiving special education services. The school district appoints a surrogate parent when:

When Informed Parental Consent is Not Required

Your consent is not required when the district is:

How to Give Your Informed Parental Consent

To give your informed parental consent, the district must:

Withdrawing Consent

If you choose to withdraw your consent, you must do so in writing. The district must then stop providing special education services and give you a prior written notice. Once services stop, your child will be considered a general education student.

Is Your Child Eligible for Special Education?

Your child may be eligible for special education if they have one or more disabilities as defined by the Individuals with Disabilities Education Act (IDEA). These disabilities include:

Native Language or Other Mode of Communication

All meetings, evaluations, and notices must be in your native language or another mode of communication you understand. This ensures accurate information about your child's abilities and needs.

Ask the District to Evaluate Your Child

If you suspect your child has a disability affecting their education, you can request an evaluation from the district. The district must complete the initial evaluation within 60 calendar days after receiving your written consent.

If a Child is a Ward of the State

If a child is a ward of the state and not living with their parent, the district does not need parental consent for an initial evaluation if:

Independent Educational Evaluation (IEE)

An IEE is an outside evaluation paid for by the district if you disagree with the district's evaluation. The evaluator must not work for the district. You can arrange and pay for an IEE at any time. If you request an IEE, the district must either agree to pay for it or request a due process hearing to prove their evaluation was appropriate.

For more information, please follow this link.

Marnee Brick, President, TinyEYE Therapy Services

Author's Note: Marnee Brick, TinyEYE President, and her team collaborate to create our blogs. They share their insights and expertise in the field of Speech-Language Pathology, Online Therapy Services and Academic Research.

Connect with Marnee on LinkedIn to stay updated on the latest in Speech-Language Pathology and Online Therapy Services.

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