PROPOSED CHANGES TO PROCEDURAL SAFEGUARDS
DEADLINE FOR COMMENTS IS JULY 31!
Click HERE to READ the original language and proposed comments on OAC 3301-51-05 and change of placement (pg 4).
Disabilities Rights Ohio provided a sample letter below. PLEASE share your own story to give it greater impact.
The Ohio Department of Education has widely shared proposed changes to the OAC and is allowing for public comment until July 31. One of the proposed changes is the Proposed Rule Change to OAC 3301-51-05, Procedural Safeguards regarding Change of Placement (found in 3301-51-05). Parental consent for change of placement, which currently is found in the OAC language in this section, is being proposed to be removed. The Ohio Department of Education has shared that the change of placement decision is an IEP team decision, and the parent is a member of the IEP team.
However, clarity of the rights of a parent in this situation is important. To continue giving parents their rights that are afforded by IDEA, we believe that the language should remain in the OAC.
The Ohio Department of Education welcomes comments and we encourage everyone to participate in this process. The more voices heard, the more perspectives shared, whatever your perspective is, the better outcome for all of our children.
Re: Comment on Proposed Rule Change to OAC 3301-51-05 Procedural Safeguards
To Whom It May Concern:
I strongly oppose the proposed change to remove the parental consent requirement for changes in placement. I oppose this change because it will diminish my ability to participate in decisions about where my child receives an education, and will make it harder for me to actively participate in the IEP process. The current rule prevents my child’s IEP team from overruling my opinions without having a thorough discussion about my child’s needs, and explaining fully to me the reasons behind the school’s proposals. If the proposed change goes through, I believe my district will not listen to my concerns and will instead make unilateral decision about my child. I also believe that my school will make these decisions without fully considering all other available options. I am basing my opposition on my personal experience with my school.
Insert personal paragraph on how current rule has protected/befitted their own child and their own participation in the process, including: 1) brief description of child and background facts regarding the proposed change of placement, 2) brief explanation of why parent was opposed to the change in placement/how it was detrimental, 3) how the current rule protected the child and how the team worked together to determine a better option/how parent’s voice was heard, 4) reasonable explanation of how the outcome could have been different if this rule is changed/what dispute resolution options they would’ve had to utilize/how different options are not accessible for money, time, etc. reasons]
In summary, removing the parental consent requirement would be incredibly detrimental to parents of students with disabilities. The consent requirement is the strongest protection parents currently have and is necessary to ensure my voice as a member of the IEP team is heard.
Have questions or need more information, contact ASGA via email or via phone at 330.940.1441.