Re: ASO ACTION ALERT - Action needed on State Budget

[Guest guest]

" ( The number of scholarships awarded under the pilot 16226

program in any fiscal year shall not exceed three per cent of the

16227

total number of students residing in the state identified as 16228

handicapped children during the previous fiscal year. "

If I'm understanding this correctly, then if this is passed, the

Autism Scholarship will only be available to preschoolers. Those of

us with school age children will need to use this Special Education

Scholarship, which has a cap of no more than 3% of the total number

of students residing in the state identified as handicapped. Right

now, to use the Autism Scholarship, you only have to have a written

diagnosis or Autism, or have Autism determined as the primary

disability on the MFE. Doesn't this cause those of us with ASD kids

to possibly lose out on the ability to use the scholarship? If so,

can I ask a dumb question...why would we want this?

--Suzanne

>

> Additionally, included in HB119 is a Special Education Scholarship

program

> similar to the Autism Scholarship program. If passed, this

scholarship would

> replace the Autism Scholarship for school age children only. The

Autism

> Scholarship would still be available to preschoolers. The

complete language of

> the Special Education Scholarship follows my signature.

>

> Please help us improve services for persons with autism and their

families

> in Ohio and MAKE YOUR VOICE HEARD!

>

> Sincerely,

>

>

> Barbara C. Yavorcik

> President

> Autism Society of Ohio

> 701 S. Main St.

> Akron, OH 44311

> (330) 376-0211

> fax: (330) 376-1226

> email: askASO@...

> home: byavorcik@...

> web: _www.autismohio.org_ (http://www.autismohio.org/)

> ____________________________________

>

>

> NOTE - IGNORE THE NUMBERS AT THE END OF EACH LINE. THESE ARE THE

LINE

> NUMBERS USED IN THE BUDGET BILL FOR REFERENCE.

>

>

>

> Sec. 3310.51. As used in sections 3310.51 to 3310.63 of the 16123

> Revised Code:16124

>

> (A) " Alternative public provider " means either of the 16125

> following providers that agrees to enroll a child in the 16126

> provider's special education program to implement the child's 16127

> individualized education program and to which the eligible 16128

> applicant owes fees for the services provided to the child:16129

>

> (1) A school district that is not the school district in 16130

> which the child is entitled to attend school or the child's school

16131

> district of residence, if different;16132

>

> (2) A public entity other than a school district.16133

>

> ( " Applicable special education weight " means the multiple 16134

> specified in section 3317.013 of the Revised Code for a handicap

16135

> described in that section.16136

>

> © " Category one through six special education ADM " means 16137

> the respective categories prescribed in divisions (F)(1) to (6) of

16138

> section 3317.02 of the Revised Code.16139

>

> (D) " Eligible applicant " means any of the following:16140

>

> (1) Either of the natural or adoptive parents of a qualified 16141

> special education child, except as otherwise specified in this

16142

> division. When the marriage of the natural or adoptive parents of

16143

> the student has been terminated by a divorce, dissolution of 16144

> marriage, or annulment, or when the natural or adoptive parents of

16145

> the student are living separate and apart under a legal separation

16146

> decree, and a court has issued an order allocating the parental

16147

> rights and responsibilities with respect to the child, " eligible

16148

> applicant " means the residential parent as designated by the 16149

> court. If the court issues a shared parenting decree, " eligible

16150

> applicant " means either parent. " Eligible applicant " does not mean

16151

> a parent whose custodial rights have been terminated.16152

>

> (2) The custodian of a qualified special education child, 16153

> when a court has granted temporary, legal, or permanent custody of

16154

> the child to an individual other than either of the natural or

16155

> adoptive parents of the child or to a government agency;16156

>

> (3) The guardian of a qualified special education child, when 16157

> a court has appointed a guardian for the child;16158

>

> (4) The grandparent of a qualified special education child, 16159

> when the grandparent is the child's attorney in fact under a power

16160

> of attorney executed under sections 3109.51 to 3109.62 of the 16161

> Revised Code or when the grandparent has executed a caregiver 16162

> authorization affidavit under sections 3109.65 to 3109.73 of the

16163

> Revised Code;16164

>

> (5) The surrogate parent appointed for a qualified special 16165

> education child pursuant to division ( of section 3323.05 and

16166

> section 3323.051 of the Revised Code;16167

>

> (6) A qualified special education child, if the child does 16168

> not have a custodian or guardian and the child is at least 16169

> eighteen years of age.16170

>

> (E) " Entitled to attend school " means entitled to attend 16171

> school in a school district under sections 3313.64 and 3313.65 of

16172

> the Revised Code.16173

>

> (F) " Formula ADM " and " formula amount " have the same meanings 16174

> as in section 3317.02 of the Revised Code.16175

>

> (G) " Handicapped child, " " individualized education program, " 16176

> and " special education program " have the same meanings as in 16177

> section 3323.01 of the Revised Code.16178

>

> (H) " Qualified special education child " is a child for whom 16179

> all of the following conditions apply:16180

>

> (1) The child is at least five years of age and less than 16181

> twenty-two years of age;16182

>

> (2) The school district in which the child is entitled to 16183

> attend school, or the child's school district of residence if 16184

> different, has identified the child as a handicapped child;16185

>

> (3) The school district in which the child is entitled to 16186

> attend school, or the child's school district of residence if 16187

> different, has developed an individualized education program under

16188

> Chapter 3323. of the Revised Code for the child;16189

>

> (4) The child either:16190

>

> (a) Was enrolled in the schools of the school district in 16191

> which the child is entitled to attend school in any grade from

16192

> kindergarten through twelve in the school year prior to the school

16193

> year in which a scholarship is first sought for the child;16194

>

> ( Is eligible to enter school in any grade kindergarten 16195

> through twelve in the school district in which the child is 16196

> entitled to attend school in the school year in which a 16197

> scholarship is first sought for the child.16198

>

> (I) " Registered private provider " means a nonpublic school or 16199

> other nonpublic entity that has been registered by the 16200

> superintendent of public instruction under section 3310.58 of the

16201

> Revised Code.16202

>

> (J) " Scholarship " means a scholarship awarded under the 16203

> special education scholarship pilot program pursuant to sections

16204

> 3310.51 to 3310.63 of the Revised Code.16205

>

> (K) " School district of residence " has the same meaning as in 16206

> section 3323.01 of the Revised Code. A community school 16207

> established under Chapter 3314. of the Revised Code is not a 16208

> " school district of residence " for purposes of sections 3310.51 to

16209

> 3310.63 of the Revised Code.16210

>

> (L) " School year " has the same meaning as in section 3313.62 16211

> of the Revised Code.16212

>

> Sec. 3310.52. (A) The special education scholarship pilot 16213

> program is hereby established. Under the program, in fiscal years

16214

> 2008 through 2013, subject to division ( of this section, the

16215

> department of education annually shall pay a scholarship to an

16216

> alternative public provider or a registered private provider on

16217

> behalf of an eligible applicant for services provided for a 16218

> qualified special education child. The scholarship shall be used

16219

> only to pay all or part of the fees for the child to attend the

16220

> special education program operated by the alternative public 16221

> provider or registered private provider to implement the child's

16222

> individualized education program in lieu of the child's attending

16223

> the special education program operated by the school district in

16224

> which the child is entitled to attend school.16225

>

> ( The number of scholarships awarded under the pilot 16226

> program in any fiscal year shall not exceed three per cent of the

16227

> total number of students residing in the state identified as 16228

> handicapped children during the previous fiscal year.16229

>

> Sec. 3310.53. (A) Except for development of the child's 16230

> individualized education program, as specified in division ( of

16231

> this section, the school district in which a qualified special

16232

> education child is entitled to attend school and the child's 16233

> school district of residence, if different, are not obligated to

16234

> provide the child with a free appropriate public education under

16235

> Chapter 3323. of the Revised Code for as long as the child 16236

> continues to attend the special education program operated by 16237

> either an alternative public provider or a registered private 16238

> provider for which a scholarship is awarded under the special 16239

> education scholarship pilot program. If at any time, the eligible

16240

> applicant for the child decides no longer to accept scholarship

16241

> payments and enrolls the child in the special education program of

16242

> the school district in which the child is entitled to attend 16243

> school, that district shall provide the child with a free 16244

> appropriate public education under Chapter 3323. of the Revised

16245

> Code.16246

>

> ( Each eligible applicant and each qualified special 16247

> education child have a continuing right to the development of an

16248

> individualized education program for the child that complies with

16249

> Chapter 3323. of the Revised Code, 20 U.S.C. 1400 et seq., and

16250

> administrative rules or guidelines adopted by the Ohio department

16251

> of education or the United States department of education. The

16252

> school district in which a qualified special education child is

16253

> entitled to attend school, or the child's school district of 16254

> residence if different, shall develop each individualized 16255

> education program for the child in accordance with those 16256

> provisions.16257

>

> © Each school district shall notify an eligible applicant 16258

> of the applicant's and qualified special education child's rights

16259

> under sections 3310.51 to 3310.63 of the Revised Code by providing

16260

> to each eligible applicant the comparison document prescribed in

16261

> section 3323.052 of the Revised Code. An eligible applicant's 16262

> receipt of that document, as acknowledged in a format prescribed

16263

> by the department of education, shall constitute notice that the

16264

> eligible applicant has been informed of those rights. Upon receipt

16265

> of that document, subsequent acceptance of a scholarship 16266

> constitutes the eligible applicant's informed consent to the 16267

> provisions of sections 3310.51 to 3310.63 of the Revised Code.16268

>

> Sec. 3310.54. As prescribed in divisions (A)(2)(h), 16269

> ((3)(g), and ((5) to (10) of section 3317.03 of the Revised

16270

> Code, a qualified special education child in any of grades 16271

> kindergarten through twelve for whom a scholarship is awarded 16272

> under the special education scholarship pilot program shall be

16273

> counted in the formula ADM and category one through six special

16274

> education ADM, as appropriate, of the school district in which the

16275

> child is entitled to attend school. A qualified special education

16276

> child shall not be counted in the formula ADM or category one 16277

> through six special education ADM of any other school

district.16278

>

> Sec. 3310.55. The department of education shall deduct from 16279

> the amounts paid to each school district under Chapter 3317. of

16280

> the Revised Code, and, if necessary, sections 321.24 and 323.156

16281

> of the Revised Code, the aggregate amount of scholarships paid

16282

> under section 3310.57 of the Revised Code for qualified special

16283

> education children included in the formula ADM and the category

16284

> one through six special education ADM of that school district.16285

>

> Sec. 3310.56. The amount of the scholarship awarded and paid 16286

> on behalf of an eligible applicant for services for a qualified

16287

> special education child under the special education scholarship

16288

> pilot program in each school year shall be the lesser of the 16289

> following:16290

>

> (A) The amount of fees charged for that school year by the 16291

> alternative public provider or registered private provider;16292

>

> ( The sum of the amounts calculated under divisions ((1) 16293

> and (2) of this section:16294

>

> (1) The sum of the formula amount plus the per pupil amount 16295

> of the base funding supplements specified in divisions ©(1) to

16296

> (4) of section 3317.012 of the Revised Code.16297

>

> (2) The formula amount times the applicable special education 16298

> weight for the child's disability.16299

>

> Sec. 3310.57. The department of education shall make 16300

> periodic payments to an alternative public provider or a 16301

> registered private provider on behalf of an eligible applicant for

16302

> services for each qualified special education child for whom a

16303

> scholarship has been awarded. The total of all payments made on

16304

> behalf of an applicant in each school year shall not exceed the

16305

> amount calculated for the child under section 3310.56 of the 16306

> Revised Code.16307

>

> The scholarship amount shall be proportionately reduced in 16308

> the case of a child who is not enrolled in the special education

16309

> program of an alternative public provider or a registered private

16310

> provider for the entire school year.16311

>

> In accordance with division (A) of section 3310.62 of the 16312

> Revised Code, the department shall make no payments on behalf of

16313

> an applicant for a first-time scholarship for a qualified special

16314

> education child while any administrative or judicial mediation or

16315

> proceedings with respect to the content of the child's 16316

> individualized education program are pending.16317

>

> Sec. 3310.58. No nonpublic school or entity shall receive 16318

> payments for services for a qualified special education child 16319

> under the special education scholarship pilot program until the

16320

> school or entity registers with the superintendent of public 16321

> instruction. The superintendent shall register and designate as a

16322

> registered private provider any nonpublic school or entity that

16323

> meets the following requirements:16324

>

> (A) The special education program operated by the school or 16325

> entity meets the minimum education standards established by the

16326

> state board of education.16327

>

> ( The school or entity does not discriminate on the basis 16328

> of race, ethnicity, national origin, religion, sex, disability,

16329

> age, or ancestry.16330

>

> © If the school or entity is not chartered by the state 16331

> board under section 3301.16 of the Revised Code, the school or

16332

> entity agrees to comply with section 3319.39 of the Revised Code

16333

> as if it were a school district.16334

>

> (D) The teaching and nonteaching professionals employed by 16335

> the school or entity, or employed by any subcontractors of the

16336

> school or entity, hold credentials determined by the state board

16337

> to be appropriate for the qualified special education children

16338

> enrolled in the special education program it operates.16339

>

> (E) The school or entity meets applicable health and safety 16340

> standards established by law for school buildings.16341

>

> (F) The school or entity agrees to retain on file 16342

> documentation as required by the department of education.16343

>

> (G) The school or entity demonstrates fiscal soundness to the 16344

> satisfaction of the department.16345

>

> (H) The school or entity agrees to meet other requirements 16346

> established by rule of the state board under section 3310.63 of

16347

> the Revised Code.16348

>

> Sec. 3310.59. The superintendent of public instruction shall 16349

> revoke the registration of any school or entity if, after a 16350

> hearing, the superintendent determines that the school or entity

16351

> is in violation of any provision of section 3310.58 of the

Revised 16352

> Code.16353

>

> Sec. 3310.60. A qualified special education child attending 16354

> a special education program at an alternative public provider or a

16355

> registered private provider with a scholarship shall be entitled

16356

> to transportation to and from that program in the manner 16357

> prescribed by law for any handicapped child attending a nonpublic

16358

> special education program.16359

>

> Sec. 3310.61. An eligible applicant on behalf of a child who 16360

> currently attends a public special education program under a 16361

> contract, compact, or other bilateral agreement, or on behalf of a

16362

> child who currently attends a community school, shall not be 16363

> prohibited from applying for and accepting a scholarship so that

16364

> the applicant may withdraw the child from that program or 16365

> community school and use the scholarship for the child to attend a

16366

> special education program operated by an alternative public 16367

> provider or a registered private provider.16368

>

> Sec. 3310.62. (A) A scholarship under the special education 16369

> scholarship pilot program shall not be awarded for the first time

16370

> to an eligible applicant on behalf of a qualified special 16371

> education child while the child's individualized education program

16372

> is being developed by the school district in which the child is

16373

> entitled to attend school, or by the child's school district of

16374

> residence if different, or while any administrative or judicial

16375

> mediation or proceedings with respect to the content of that 16376

> individualized education program are pending.16377

>

> ( Development of individualized education programs 16378

> subsequent to the one developed for the child the first time a

16379

> scholarship was awarded on behalf of the child and the 16380

> prosecuting, by the eligible applicant on behalf of the child, of

16381

> administrative or judicial mediation or proceedings with respect

16382

> to any of those subsequent individualized education programs do

16383

> not affect the applicant's and the child's continued eligibility

16384

> for scholarship payments.16385

>

> © In the case of any child for whom a scholarship has been 16386

> awarded, if the school district in which the child is entitled to

16387

> attend school has agreed to provide some services for the child

16388

> under an agreement entered into with the eligible applicant or

16389

> with the alternative public provider or registered private 16390

> provider implementing the child's individualized education 16391

> program, or if the district is required by law to provide some

16392

> services for the child, including transportation services under

16393

> sections 3310.60 and 3327.01 of the Revised Code, the district

16394

> shall not discontinue the services it is providing pending 16395

> completion of any administrative proceedings regarding those 16396

> services. The prosecuting, by the eligible applicant on behalf of

16397

> the child, of administrative proceedings regarding the services

16398

> provided by the district does not affect the applicant's and the

16399

> child's continued eligibility for scholarship payments.16400

>

> (D) The department of education shall continue to make 16401

> payments to the alternative public provider or registered private

16402

> provider on behalf of the eligible applicant under section 3310.57

16403

> of the Revised Code while either of the following are pending:16404

>

> (1) Administrative or judicial mediation or proceedings with 16405

> respect to a subsequent individualized education program for the

16406

> child referred to in division ( of this section;16407

>

> (2) Administrative proceedings regarding services provided by 16408

> the district under division © of this section.16409

>

> Sec. 3310.63. The state board of education shall adopt rules 16410

> in accordance with Chapter 119. of the Revised Code prescribing

16411

> procedures necessary to implement sections 3310.51 to 3310.62 of

16412

> the Revised Code including, but not limited to, procedures and

16413

> deadlines for parents to apply for scholarships, standards for

16414

> registered private providers, and procedures for registration of

16415

> private providers.

>

>

>

>

>

>

> ************************************** See what's free at

http://www.aol.com.

>

[Guest guest]

The ASO is the only one I have seen state this....where did they get

their information from?

At ODE - Exceptional children office, they have no idea who came out

with that scenario????

This might be a mis quote.....

There is no legistation making this go into effect.....none that I

have seen or heard about???

> >

> > I have not heard that the ASP will be only limited to

preschoolers

> if

> > this bill passes.

>

> The e-mail from the ASO read:

>

> " Additionally, included in HB119 is a Special Education

> > Scholarship

> > > program

> > > > similar to the Autism Scholarship program. If passed, this

> > > scholarship would

> > > > replace the Autism Scholarship for school age children

only.

> > The

> > > Autism

> > > > Scholarship would still be available to preschoolers. "

>

>

> I am thinking that we will always have access to

> > ASP....

>

> I read it as though we wouldn't always have access to the ASP --

not

> once our children are out of preschool.

>

>

> but hopefully you get a slot with this voucher instead because

> > the funding is higher. This is just adding to our " options " .

> >

> > Zevnik

>

>

> Maybe I'm reading it wrong, but it seems like this will be the ONLY

> option available to school age children, and since it's a Special

> Education Scholarship, rather than an Autism Scholarship, we would

be

> lumped together with children of all other disabilities. While I'm

> certainly not opposed to other disabled children having a choice if

> their local school district is not providing them with what they

> need, we will not be guaranteed the ability to use the scholarship

> based on our child having an Autism diagnosis, or having that be

> written as the primary disability in the MFE, which is what we have

> now. Plus, in terms of the funding being higher, are we sure of

> that, since it says:

>

>

> > " Sec. 3310.55. The department of education shall deduct from

> > 16279

> > > > the amounts paid to each school district under Chapter 3317.

> of

> > > 16280

> > > > the Revised Code, and, if necessary, sections 321.24 and

> 323.156

> > > 16281

> > > > of the Revised Code, the aggregate amount of scholarships

paid

> > > 16282

> > > > under section 3310.57 of the Revised Code for qualified

> special

> > > 16283

> > > > education children included in the formula ADM and the

> category

> > > 16284

> > > > one through six special education ADM of that school

> > district.16285

> > > >

> > > > Sec. 3310.56. The amount of the scholarship awarded and paid

> > 16286

> > > > on behalf of an eligible applicant for services for a

> qualified

> > > 16287

> > > > special education child under the special education

> scholarship

> > > 16288

> > > > pilot program in each school year shall be the lesser of

the

> > 16289

> > > > following:16290

> > > >

> > > > (A) The amount of fees charged for that school year by the

> 16291

> > > > alternative public provider or registered private

> provider;16292

> > > >

> > > > ( The sum of the amounts calculated under divisions ((1)

> > 16293

> > > > and (2) of this section:16294

> > > >

> > > > (1) The sum of the formula amount plus the per pupil amount

> 16295

> > > > of the base funding supplements specified in divisions ©

(1)

> to

> > > 16296

> > > > (4) of section 3317.012 of the Revised Code.16297

> > > >

> > > > (2) The formula amount times the applicable special

education

> > 16298

> > > > weight for the child's disability.16299

> > > >

> > > > Sec. 3310.57. The department of education shall make 16300

> > > > periodic payments to an alternative public provider or a

16301

> > > > registered private provider on behalf of an eligible

applicant

> > for

> > > 16302

> > > > services for each qualified special education child for whom

a

> > > 16303

> > > > scholarship has been awarded. The total of all payments made

> on

> > > 16304

> > > > behalf of an applicant in each school year shall not exceed

> the

> > > 16305

> > > > amount calculated for the child under section 3310.56 of the

> > 16306

> > > > Revised Code.16307

> > > >

> > > > The scholarship amount shall be proportionately reduced in

> 16308

> > > > the case of a child who is not enrolled in the special

> education

> > > 16309

> > > > program of an alternative public provider or a registered

> > private

> > > 16310

> > > > provider for the entire school year.16311 "

>

>

> Perhaps I just don't understand this correctly, but it seems like

we

> might be losing something here, considering what we already have

> available.

>