Waivers Relating to School-Age Instruction of Students with Disabilities
Waiver request information, guidelines and application, database, and resources for legal services are available from the Ohio Department of Education’s webpage.
Waiver Request Information
A school district, county board of developmental disabilities or other educational agency may be granted a waiver from the requirements of 3301-51-09 (I) and 3301-51-09 (K) of the Operating Standards for Ohio Educational Agencies Serving Children with Disabilities to exceed individual service provider ratios (also known as class size or student-to-teacher ratio) or age-range per instruction period.
Local Educational Agencies (LEAs) who apply for and are granted a waiver are required to assure that all students with disabilities receiving services will receive a free appropriate public education (FAPE) in the least restrictive environment (LRE) and that for those children affected by the waiver, progress will be monitored through their individualized education programs (IEPs). The LEA's plan and timeline for bringing the district into compliance must include any special provisions necessary to provide appropriate instruction during the period in which the waiver is in effect to ensure that the students with disabilities are provided with FAPE in the LRE. FAPE cannot be denied to a student due to the provision of a waiver.
Waiver requests regarding school-age services must be submitted in writing to the Ohio Department of Education, Office for Exceptional Children. The Waiver Guidelines and Waiver Application document below specify the requirements for submitting the waiver request.
This database is made available to provide the public with information regarding waiver requests related to school-age instruction of students with disabilities. It contains waiver applications requesting a waiver to exceed individual service provider ratios (also known as class size or student-to-teacher ratio) or age-range per instruction period and the Ohio Department of Education’s decision on the waiver requests since March 1, 2010