Earlier this month, the Ohio Department of Education and Workforce (ODEW) issued a revision of the model policies boards may adopt to implement the requirements for the education of children with disabilities. The law requires board to adopt policies implementing federal and state requirements related to special education. Boards may do so by adopting the ODEW model or developing their own policies at the local level and submitting them to ODEW for approval.
In late 2024, ODEW issued new model policies and procedures (“ODEW model policies”) for special education. Subsequently, ODEW informed boards of education that they would be required to adopt the ODEW model policies or adopt a locally developed policy for the 2024-2025 school year, and submit verification of the adoption, no later than Sunday, March 30. The verification deadline was later extended to Friday, May 30.
The Ohio Council of School Board Attorneys (OCSBA) Special Education Roundtable met and identified several areas of the ODEW model policies that were not consistent with state and federal laws and regulations. For example, the requirements for extended school year services in the ODEW model policies were more extensive than those in the law. A committee of Roundtable attorneys prepared a model resolution for districts to use when adopting the ODEW model policies. Using the model resolution, boards could adopt the ODEW model policies while excluding or modifying those areas identified by the Special Education Roundtable attorneys as problematic. More information is available in the March 20, 2025, Legal Ledger Sidebar.
In response, ODEW released the updated version of the ODEW model policies (“v1.0 ODEW model policies”). In the v1.0 ODEW model policies, ODEW removed or corrected all the language identified by the Special Education Roundtable as problematic in the original ODEW model policies. There is a chart on pages 1 and 2 of the v1.0 ODEW model policies that shows the changes ODEW made.
Boards are still required to adopt special education policies or procedures for the 2024-2025 school year by May 30 and submit verification to ODEW through its monitoring system.
In its frequently asked questions on model policies updated after the release of the v1.0 ODEW model policies, ODEW stated that boards that submitted adoption and approval of the original ODEW model policies did not have to resubmit adoption and approval. Notwithstanding this guidance, boards that adopted the ODEW model policies prior to revision, whether with or without the model resolution excluding problematic areas, should consult with their legal counsel about whether it is advisable to adopt the v1.0 ODEW model policies and submit the required verification again.
The Nov. 30, 2025, deadline for adoption and verification of v1.0 ODEW model policies for the 2025-2026 has not been revised. Nov. 30 will be the deadline for adoption and verification of policies for each school year going forward.
OSBA will continue to work with the OCSBA Special Education Roundtable on issues related to the special education topics of concern to school boards. Check back here for more information as it becomes available.