PETITION FOR DEFINITIVE RULING ON DEVELOPMENT OF 504 PLANS AND ACCEPTANCE OF PRIOR IEPs FOR ADULT STUDENTS ENROLLED IN THE 22+ PROGRAM

August 31, 2018

The undersigned providers of the 22+ Adult Education Program require an immediate determination of the ability of providers to refer a student with a suspected disability for an evaluation (in accordance with the stated requirements of Ohio Admin. Code 3301-13-09 and the Individuals with Disabilities Education Act) to determine and provide the appropriate accommodations or, if appropriate, to exempt a student from the consequences of failing state-mandated tests.  To deny a student the accommodations needed to create an even playing field is clearly a violation of his or her civil rights. A clarification on the ability to honor prior IEPs is also required. It is obvious that a cognitive impairment will not improve with time.

It must be recognized that many adult students have suffered debilitating medical and/or psychological problems since dropping out of school. We have tried to serve these students to the best of our ability, but it is clear that their disabilities will prevent them from meeting the standards of their non-disabled peers.

The law is clear. Please review Ohio Admin Code 3101-13-09 and provide us with a timely response.

Sincerely,

22+ Provides and Stakeholders