As used in sections3310.51to3310.64of the Revised Code:
(A) "Alternative public provider" means either of the following providers that agrees to enroll a child in the provider's special education program to implement the child's individualized education program and to which the eligible applicant owes fees for the services provided to the child:
(1) A school district that is not the school district in which the child is entitled to attend school or the child's school district of residence, if different;
(2) A public entity other than a school district.
(B) "Child with a disability" and "individualized education program" have the same meanings as in section3323.01of the Revised Code.
(C) "Eligible applicant" means any of the following:
(1) Either of the natural or adoptive parents of a qualified special education child, except as otherwise specified in this division. When the marriage of the natural or adoptive parents of the student has been terminated by a divorce, dissolution of marriage, or annulment, or when the natural or adoptive parents of the student are living separate and apart under a legal separation decree, and a court has issued an order allocating the parental rights and responsibilities with respect to the child, "eligible applicant" means the residential parent as designated by the court. If the court issues a shared parenting decree, "eligible applicant" means either parent. "Eligible applicant" does not mean a parent whose custodial rights have been terminated.
(2) The custodian of a qualified special education child, when a court has granted temporary, legal, or permanent custody of the child to an individual other than either of the natural or adoptive parents of the child or to a government agency;
(3) The guardian of a qualified special education child, when a court has appointed a guardian for the child;
(4) The grandparent of a qualified special education child, when the grandparent is the child's attorney in fact under a power of attorney executed under sections3109.51to3109.62of the Revised Code or when the grandparent has executed a caretaker authorization affidavit under sections3109.65to3109.73of the Revised Code;
(5) The surrogate parent appointed for a qualified special education child pursuant to division (B) of section3323.05and section3323.051of the Revised Code;
(6) A qualified special education child, if the child does not have a custodian or guardian and the child is at least eighteen years of age and less than twenty-two years of age.
(D) "Entitled to attend school" means entitled to attend school in a school district under sections3313.64and3313.65of the Revised Code.
(E) "Formula ADM" has the same meaning as in section3317.02of the Revised Code.
(F) "Qualified special education child" is a child for whom all of the following conditions apply:
(1) The child is at least three years of age and less than twenty-two years of age.
(2) The school district in which the child is entitled to attend school, or the child's school district of residence if different, has identified the child as a child with a disability.
(3) The school district in which the child is entitled to attend school, or the child's school district of residence if different, has developed an individualized education program under Chapter 3323. of the Revised Code for the child.
(4) The child meets one of the following conditions:
(a) Was enrolled in the schools of the school district in which the child is entitled to attend school in any grade from preschool through twelve in the school year prior to the school year in which a scholarship is sought for the child;
(b) Is eligible to enter school in any grade preschool through twelve in the school district in which the child is entitled to attend school in the school year in which a scholarship is sought for the child;
(c) All of the following apply:
(i) The child is at least eighteen years of age and less than twenty-two years of age.
(ii) The child is enrolled in a chartered or nonchartered nonpublic school, is home educated in accordance with section3321.042of the Revised Code, or is a student older than compulsory school age and less than twenty-two years of age and received a home education in accordance with section3321.042of the Revised Code and has not received a diploma under section3313.6110of the Revised Code.
(iii) The child is still eligible to receive transition services under the child's individualized education program.
(5) The department of education and workforce has not approved a scholarship for the child under the educational choice scholarship pilot program, under sections3310.01to3310.17of the Revised Code, the autism scholarship program, under section3310.41of the Revised Code, or the pilot project scholarship program, under sections3313.974to3313.979of the Revised Code for the same school year in which a scholarship under the Jon Peterson special needs scholarship program is sought.
(6) The child and the child's parents are in compliance with the state compulsory attendance law under Chapter 3321. of the Revised Code.
(G) "Registered private provider" means a nonpublic school or other nonpublic entity that has been registered by the superintendent of public instruction under section3310.58of the Revised Code prior to October 3, 2023, or the department of education and workforce on or after that date.
(H) "Scholarship" means a scholarship awarded under the Jon Peterson special needs scholarship program pursuant to sections3310.51to3310.64of the Revised Code.
(I) "School district of residence" has the same meaning as in section3323.01of the Revised Code. A community school established under Chapter 3314. of the Revised Code is not a "school district of residence" for purposes of sections3310.51to3310.64of the Revised Code.
(J) "School year" has the same meaning as in section3313.62of the Revised Code.
(K) "Special education program" means a school or facility that provides special education and related services to children with disabilities.
Last updated July 29, 2025 at 10:07 AM