Terms Used In Ohio Code > Chapter 3323 - Education of Children With Disabilities

• Another: when used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property. See Ohio Code 1.02
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Child: includes child by adoption. See Ohio Code 1.59
• 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 an intellectual disability, 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. See Ohio Code 3323.01
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• 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 state;

  (4) Are provided for each child with a disability in conformity with the child's individualized education program. See Ohio Code 3323.01

• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Homeless children: means "homeless children and youths" as defined in section 725 of the "McKinney-Vento Homeless Assistance Act" 42 U. See Ohio Code 3323.01
• IEP: means the written statement described in section 3323. See Ohio Code 3323.01
• 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 environment;

  (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 the following:

  (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. See Ohio Code 3323.01

• in writing: includes any representation of words, letters, symbols, or figures; this provision does not affect any law relating to signatures. See Ohio Code 1.59
• Instruction in braille reading and writing: means the teaching of the system of reading and writing through touch commonly known as standard English braille. See Ohio Code 3323.01
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• other educational agency: includes a joint vocational school district. See Ohio Code 3323.01
• Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
• 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. See Ohio Code 3323.01
• Probate: Proving a will
• 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. See Ohio Code 3323.01
• Rule: includes regulation. See Ohio Code 1.59
• School district: means a city, local, or exempted village school district. See Ohio Code 3323.01
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• 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. See Ohio Code 3323.01
• state: means the state of Ohio. See Ohio Code 1.59
• 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. See Ohio Code 3323.01
• Transition services: means a coordinated set of activities for a child with a disability that meet all of the following:

  (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. See Ohio Code 3323.01

• United States: includes all the states. See Ohio Code 1.59