OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 440 Bill Analysis
135th General Assembly
Click here for H.B. 440’s Fiscal Note
Version: As Introduced
Primary Sponsors: Reps. Fowler Arthur and Lear
Effective date:
Jessica Sutton, LSC Fellow
SUMMARY
 Allows services provided under the Jon Peterson Special Needs or Autism scholarship
programs to be offered remotely by qualified credentialed providers.
 Requires certain credentialed professionals to be included on the list of who may
provide services under the Jon Peterson Special Needs Scholarship Program.
DETAILED ANALYSIS
Remote education services
The bill allows services prescribed in the finalized individualized education program (IEP)
of a student receiving a Jon Peterson Special Needs Scholarship, or the IEP or education plan of
a student receiving an Autism Scholarship, to be provided remotely. Specifically, it requires that
remote services be provided by qualified credentialed providers in the same manner that
telehealth services are provided to patients by specified health care professionals under
continuing law.1 All services provided remotely must be specified under the student’s IEP or
education plan.2
Appropriate credentialed professionals
Under continuing law, a registered private provider participating in the Jon Peterson
Special Needs Scholarship Program must employ teaching and nonteaching professionals who
hold credentials determined by the State Board to be appropriate for the special education
program it operates. The bill requires the State Board to include the following credentialed
professionals on their list of approved credentialed professionals:
1 See R.C. 4743.09, not in the bill, for the standards for telehealth services.
2 R.C. 3310.41(B) and R.C. 3310.52(A).
March 13, 2024
Office of Research and Drafting LSC Legislative Budget Office
 A behavior analyst certified by a nationally recognized organization that certifies
behavior analysts;
 A behavior analyst certified in Ohio;
 A psychologist licensed to practice in this state;
 An independent school psychologist or school psychologist licensed to practice in this
state;
 Any person carrying out specific tasks under the supervision of a licensed psychologist,
independent school psychologist, or school psychologist;
 An unlicensed person holding a doctoral degree in psychology or special education from
a program approved by the Department of Education and Workforce;
 A registered behavior technician working under the supervision and following the
intervention plan of a certified behavior analyst;
 An occupational therapist licensed to practice in this state;
 A speech-language pathologist licensed to practice in this state;
 An intervention specialist who holds a valid license issued by the State Board;
 A literacy intervention specialist certified through pathways recognized by the Ohio
Dyslexia Committee; and
 Any other qualified individual as determined by the Department.3
Continuing law includes a similar list of providers already permitted to provide
intervention services under the Autism Scholarship Program.4
HISTORY
Action Date
Introduced 03-04-24
ANHB0440IN-135/sb
3 R.C. 3310.58(C).
4 R.C. 3310.41(E).
P a g e |2 H.B. 440
As Introduced


Statutes affected:
As Introduced: 3310.41, 3310.52, 3310.58