Ohio Rev. Code » Chapter 3323
Ohio Revised Code

Ohio Rev. Code § 3323.03 (2026)

Standards and procedures for identification, location, and evaluation of children with disabilities

✓ current as of May 2026
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Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
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The department of education and workforce shall, in consultation with the department of health, the department of mental health and addiction services, and the department of developmental disabilities, establish standards and procedures for the identification, location, and evaluation of all children with disabilities residing in the state, including children with disabilities who are homeless children or are wards of the state and children with disabilities attending nonpublic schools, regardless of the severity of their disabilities, and who are in need of special education and related services. The department of education and workforce shall develop and implement a practical method to determine which children with disabilities are currently receiving needed special education and related services.

In conducting the evaluation, the board of education of each school district shall use a variety of assessment tools and strategies to gather relevant functional, developmental, and academic information about the child, including information provided by the child's parent. The board of education of each school district, in consultation with the county board of developmental disabilities, the county family and children first council, and the board of alcohol, drug addiction, and mental health services of each county in which the school district has territory, shall identify, locate, and evaluate all children with disabilities residing within the district to determine which children with disabilities are not receiving appropriate special education and related services. In addition, the board of education of each school district, in consultation with such county boards or council, shall identify, locate, and evaluate all children with disabilities who are enrolled by their parents in nonpublic elementary and secondary schools located within the public school district, without regard to where those children reside in accordance with rules or guidelines of the department of education and workforce.

Each county board of developmental disabilities, county family and children first council, and board of alcohol, drug addiction, and mental health services and the board's or council's contract agencies may transmit to boards of education the names and addresses of children with disabilities who are not receiving appropriate special education and related services.

Last updated October 21, 2025 at 4:07 PM

Notes of Decisions
Cited in 3 cases, 1991–2005 · leading case: Zellman v. Kenston Bd. of Educ., 593 N.E.2d 392 (Ohio Ct. App. 1991).
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Zellman v. Kenston Bd. of Educ., 593 N.E.2d 392 (Ohio Ct. App. 1991). · cites it 6× “Under Counts 1 and 4, appellants further alleged that appellees had negligently failed to “identify” Jason as a handicapped child, as they were required to do under R.C. 3323.03. The other two counts in the complaint alleged that appellees’ actions had resulted in certain…”
Stancourt v. Worthington City Sch. Dist. Bd. of Educ., 841 N.E.2d 812 (Ohio Ct. App. 2005). “In addition, the State Board of Education has promulgated rules for the education of handicapped children under authority granted in R.C. 3323.03 and 3323.04.” Id. (Footnote omitted.”
Bd. of Educ. v. Mahoning Cnty. Bd. of Mental Retardation & Developmental Disabilities, 613 N.E.2d 167 (Ohio 1993). “In addition, the State Board of Education has promulgated rules for the education of handicapped children under authority granted in R.C. 3323.03 and 3323.04. 3 Incorporated into R.”
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