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Sub. H. B. No. 96 As Passed by the SenateAs Passed by the Senate
|129th General Assembly|
Representatives Celeste, Brenner
Representatives Stebelton, Amstutz, Garland, Foley, Letson, Weddington, Pillich, Dovilla, Patmon, Ramos, Hollington, Phillips, Lundy, Thompson, O'Brien, Yuko, Murray, Williams, Stinziano, Stautberg, Antonio, Reece, Hagan, Fende, Snitchler, Fedor, Milkovich, Clyde, Winburn, Adams, R., Balderson, Barnes, Beck, Blair, Blessing, Buchy, Budish, Butler, Carney, DeGeeter, Derickson, Driehaus, Gentile, Gerberry, Goyal, Hackett, Hagan, C., Hall, Heard, Henne, Hottinger, Johnson, Landis, Luckie, Mallory, McClain, McKenney, Mecklenborg, Newbold, Okey, Peterson, Schuring, Slaby, Slesnick, Sykes, Szollosi, Young Speaker Batchelder
Senators Hite, Obhof, Bacon, Balderson, Beagle, Brown, Burke, Cafaro, Eklund, Gentile, Jones, Kearney, Oelslager, Patton, Sawyer, Skindell, Smith, Tavares, Wagoner, Widener
To amend section 3323.01 and to enact section 3323.25
of the Revised Code to specify dyslexia as a
specific learning disability and to require a
pilot project to provide early screening and
intervention services for children with risk
factors for dyslexia.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 3323.01 be amended and section
3323.25 of the Revised Code be enacted to read as follows:
Sec. 3323.01. As used in this chapter:
(A) "Child with a disability" means a child who is at least
three years of age and less than twenty-two years of age; who has
mental retardation, a hearing impairment (including deafness), a
speech or language impairment, a visual impairment (including
blindness), a serious emotional disturbance, an orthopedic
impairment, autism, traumatic brain injury, an other health
impairment, a specific learning disability (including dyslexia),
deaf-blindness, or multiple disabilities; and who, by reason
thereof, needs special education and related services.
A "child with a disability" may include a child who is at
least three years of age and less than six years of age; who is
experiencing developmental delays, as defined by standards adopted
by the state board of education and as measured by appropriate
diagnostic instruments and procedures in one or more of the
following areas: physical development, cognitive development,
communication development, social or emotional development, or
adaptive development; and who, by reason thereof, needs special
education and related services.
(B) "County DD board" means a county board of developmental
(C) "Free appropriate public education" means special
education and related services that meet all of the following:
(1) Are provided at public expense, under public supervision
and direction, and without charge;
(2) Meet the standards of the state board of education;
(3) Include an appropriate preschool, elementary, or
secondary education as otherwise provided by the law of this
(4) Are provided for each child with a disability in
conformity with the child's individualized education program.
(D) "Homeless children" means "homeless children and youths"
as defined in section 725 of the "McKinney-Vento Homeless
Assistance Act," 42 U.S.C. 11434a.
(E) "Individualized education program" or "IEP" means the
written statement described in section 3323.011 of the Revised
(F) "Individualized education program team" or "IEP team"
means a group of individuals composed of:
(1) The parents of a child with a disability;
(2) At least one regular education teacher of the child, if
the child is or may be participating in the regular education
(3) At least one special education teacher, or where
appropriate, at least one special education provider of the child;
(4) A representative of the school district who meets all of
(a) Is qualified to provide, or supervise the provision of,
specially designed instruction to meet the unique needs of
children with disabilities;
(b) Is knowledgeable about the general education curriculum;
(c) Is knowledgeable about the availability of resources of
the school district.
(5) An individual who can interpret the instructional
implications of evaluation results, who may be a member of the
team as described in divisions (F)(2) to (4) of this section;
(6) At the discretion of the parent or the school district,
other individuals who have knowledge or special expertise
regarding the child, including related services personnel as
(7) Whenever appropriate, the child with a disability.
(G) "Instruction in braille reading and writing" means the
teaching of the system of reading and writing through touch
commonly known as standard English braille.
(H) "Other educational agency" means a department, division,
bureau, office, institution, board, commission, committee,
authority, or other state or local agency, which is not a city,
local, or exempted village school district or an agency
administered by the department of developmental disabilities, that
provides or seeks to provide special education or related services
to children with disabilities. The term "other educational agency"
includes a joint vocational school district.
(I) "Parent" of a child with a disability, except as used in
sections 3323.09 and 3323.141 of the Revised Code, means:
(1) A natural or adoptive parent of a child but not a foster
parent of a child;
(2) A guardian, but not the state if the child is a ward of
(3) An individual acting in the place of a natural or
adoptive parent, including a grandparent, stepparent, or other
relative, with whom the child lives, or an individual who is
legally responsible for the child's welfare;
(4) An individual assigned to be a surrogate parent, provided
the individual is not prohibited by this chapter from serving as a
surrogate parent for a child.
(J) "Preschool child with a disability" means a child with a
disability who is at least three years of age but is not of
compulsory school age, as defined under section 3321.01 of the
Revised Code, and who is not currently enrolled in kindergarten.
(K) "Related services" means transportation, and such
developmental, corrective, and other supportive services
(including speech-language pathology and audiology services,
interpreting services, psychological services, physical and
occupational therapy, recreation, including therapeutic
recreation, school nurse services designed to enable a child with
a disability to receive a free appropriate public education as
described in the individualized education program of the child,
counseling services, including rehabilitation counseling,
orientation and mobility services, school health services, social
work services in schools, and parent counseling and training, and
medical services, except that such medical services shall be for
diagnostic and evaluation purposes only) as may be required to
assist a child with a disability to benefit from special
education, and includes the early identification and assessment of
disabling conditions in children. "Related services" does not
include a medical device that is surgically implanted, or the
replacement of such device.
(L) "School district" means a city, local, or exempted
village school district.
(M) "School district of residence," as used in sections
3323.09, 3323.091, 3323.13, and 3323.14 of the Revised Code,
(1) The school district in which the child's natural or
adoptive parents reside;
(2) If the school district specified in division (M)(1) of
this section cannot be determined, the last school district in
which the child's natural or adoptive parents are known to have
resided if the parents' whereabouts are unknown;
(3) If the school district specified in division (M)(2) of
this section cannot be determined, the school district determined
under section 2151.362 of the Revised Code, or if no district has
been so determined, the school district as determined by the
probate court of the county in which the child resides.
(4) Notwithstanding divisions (M)(1) to (3) of this section,
if a school district is required by section 3313.65 of the Revised
Code to pay tuition for a child, that district shall be the
child's school district of residence.
(N) "Special education" means specially designed instruction,
at no cost to parents, to meet the unique needs of a child with a
disability. "Special education" includes instruction conducted in
the classroom, in the home, in hospitals and institutions, and in
other settings, including an early childhood education setting,
and instruction in physical education.
(O) "Student with a visual impairment" means any person who
is less than twenty-two years of age and who has a visual
impairment as that term is defined in this section.
(P) "Transition services" means a coordinated set of
activities for a child with a disability that meet all of the
(1) Is designed to be within a results-oriented process, that
is focused on improving the academic and functional achievement of
the child with a disability to facilitate the child's movement
from school to post-school activities, including post-secondary
education; vocational education; integrated employment (including
supported employment); continuing and adult education; adult
services; independent living; or community participation;
(2) Is based on the individual child's needs, taking into
account the child's strengths, preferences, and interests;
(3) Includes instruction, related services, community
experiences, the development of employment and other post-school
adult living objectives, and, when appropriate, acquisition of
daily living skills and functional vocational evaluation.
"Transition services" for children with disabilities may be
special education, if provided as specially designed instruction,
or may be a related service, if required to assist a child with a
disability to benefit from special education.
(Q) "Visual impairment" for any individual means that one of
the following applies to the individual:
(1) The individual has a visual acuity of 20/200 or less in
the better eye with correcting lenses or has a limited field of
vision in the better eye such that the widest diameter subtends an
angular distance of no greater than twenty degrees.
(2) The individual has a medically indicated expectation of
meeting the requirements of division (Q)(1) of this section over a
period of time.
(3) The individual has a medically diagnosed and medically
uncorrectable limitation in visual functioning that adversely
affects the individual's ability to read and write standard print
at levels expected of the individual's peers of comparable ability
and grade level.
(R) "Ward of the state" has the same meaning as in section
602(36) of the "Individuals with Disabilities Education
Improvement Act of 2004," 20 U.S.C. 1401(36).
Sec. 3323.25. (A) The superintendent of public instruction
shall establish a pilot project to provide early screening and
intervention services for children with risk factors for dyslexia,
including low phonemic awareness. The state superintendent shall
select three school districts to participate in the pilot project,
one of which shall be located in an urban setting, one of which
shall be located in a suburban setting, and one of which shall be
located in a rural setting. Any school district selected to
participate in the pilot project may establish a partnership with
a regional library or library system for purposes of the pilot
project. To be considered for the pilot project, a school district
shall submit a proposal to the state superintendent that
identifies a method of screening children for low phonemic
awareness and other risk factors for dyslexia, provides for the
enrollment of children identified as having risk factors for
dyslexia in a reading program staffed by teachers trained in
multisensory structured language programs, and includes a
methodology for evaluating the effects of the reading program on
the children's identified risk factors. The pilot project shall
operate for three full school years, beginning with the school
year that begins at least three months after the effective date of
The goal of the pilot project shall be to demonstrate and
evaluate the effectiveness of early reading assistance programs
for children with risk factors for dyslexia and to evaluate
whether those programs can reduce future special education costs.
The state superintendent shall apply for private and other
nonstate funds, and shall use available state funds appropriated
to the department of education for the pilot project.
The state superintendent shall establish guidelines and
procedures for the pilot project.
The state superintendent shall consult with the international
dyslexia association or any other nationally recognized
organization that specializes in multisensory structured language
programs for the treatment of dyslexia in establishing and
operating the pilot project.
(B) Under the pilot project, each participating school
district, through early childhood reading instruction and reading
assistance programs, shall screen children six years of age or
younger for indications of dyslexia, provide appropriate reading
intervention services for those children suspected of having
dyslexia, and administer assessments, approved by the state
superintendent, to ascertain whether the intervention services
improve those students' reading and learning. When a child is
suspected of having dyslexia, the district shall notify the
child's parent or guardian of that fact and that the child, as
part of the pilot project, is eligible to receive reading
intervention services to measure the effectiveness of early
reading assistance programs. The district shall require the parent
or guardian to indicate in writing that the parent or guardian
voluntarily and knowingly consents to the child's participation in
the pilot project for the provision of reading intervention
services. Each district shall provide to the parents of children
suspected of having dyslexia information about the learning
disability, recommended multisensory treatments, and possible
services under this chapter.
Each participating school district also shall report annually
to the state superintendent data about the operation and results
of the pilot project, as required by the superintendent in the
manner prescribed by the superintendent.
(C) Not later than the thirty-first day of December of the
third school year in which the pilot project is operating, the
state superintendent shall submit a report to the general
assembly, in accordance with section 101.68 of the Revised Code,
containing the superintendent's evaluation of the results of the
pilot project and legislative recommendations whether to continue,
expand, or make changes to the pilot project.
(D) As used in this section, "dyslexia" means a specific
learning disorder that is neurological in origin and that is
characterized by unexpected difficulties with accurate or fluent
word recognition and by poor spelling and decoding abilities not
consistent with the person's intelligence, motivation, and sensory
capabilities, which difficulties typically result from a deficit
in the phonological component of language.
Section 2. That existing section 3323.01 of the Revised Code
is hereby repealed.