justicedao/ipfs_state_laws huggingface dataset:
581-015-2365 Criteria for Administrative Law Judge (1) An administrative law judge appointed to conduct a hearing regarding the identification, evaluation, educational placement of a child, or the provision of a free appropriate public education to a child who may have a disability must: (a) Not be employed by the Department or a school district; and (b) Not have a professional or personal interest that would conflict with the person’s objectivity in the hearing. (2) An administrative law judge must: (a) Possess knowledge of, and the ability to understand, the provisions of state and federal special education laws, regulations, and legal interpretations by federal and state courts; (b) Possess the knowledge and ability to conduct hearings in accordance with appropriate, standard legal practice; and (c) Possess the knowledge and ability to render and write decisions in accordance with standard legal practice. (3) For purposes of section (1)(a) of this rule, a person who otherwise qualifies to conduct a hearing is not an employee of the Department or school district solely because the person is paid by the Department or school district to serve as a hearings officer. (4) The Department keeps a list of the persons serving as administrative law judges, which includes a statement of the qualifications of each person. Statutory/Other Authority: ORS 343.041, 343.045, 343.055, 343.155 & 343.165 Statutes/Other Implemented: ORS 343.165 & 34 CFR 300.511(c) History: Renumbered from 581-015-0096, ODE 10-2007, f. & cert. ef. 4-25-07 ODE 33-1999, f. 12-13-99, cert. ef. 12-14-99 EB 11-1995, f. & cert. ef. 5-25-95 EB 3-1990, f. & cert. ef. 1-26-90 EB 28-1989(Temp), f. & cert. ef. 10-16-89 1EB 269, f. & ef. 12-22-77
581-015-2370 Conduct of Hearing (1) The hearing will be conducted by and under the control of the administrative law judge appointed under 581-015-2360. (2) At the discretion of the administrative law judge, the hearing will be conducted in the following manner: (a) Statement and evidence of the school district in support of its action; (b) Statement and evidence of the parents disputing the school district action; (c) Rebuttal testimony. (3) The administrative law judge, counsel or other representatives of the parties, and the parents if the parents are not represented, have the right to question or cross-examine any witnesses. (4) The hearing may be continued with recesses as determined by the administrative law judge. (5) The administrative law judge may set reasonable time limits for oral presentation and may exclude or limit cumulative, repetitious or immaterial matter. (6) Exhibits must be marked, and the markings must identify the person offering the exhibits. The exhibits will be preserved by the Superintendent as part of the record of the proceedings. (7) Each hearing must be conducted at a time and place that is reasonably convenient to the parents and child involved. Statutory/Other Authority: ORS 343.041, 343.045, 343.055, 343.155 & 343.165 Statutes/Other Implemented: ORS 343.155, 343.165, 34 CFR 300.512 & 300.515(d) History: Renumbered from 581-015-0086, ODE 10-2007, f. & cert. ef. 4-25-07 ODE 2-2003, f. & cert. ef. 3-10-03 EB 3-1990, f. & cert. ef. 1-26-90 EB 28-1989(Temp), f. & cert. ef. 10-16-89 1EB 269, f. 12-22-77, ef. 12-22-77
581-015-2375 Decision of Administrative Law Judge (1) The decision of the hearing officer in a contested case will comply with ORS 343.167. (2) The decision will be entered and mailed to the parties not later than 45 days after the expiration of the resolution period under OAR 581-015-2375 unless a specific extension has been granted by the administrative law judge at the request of a party. (3) A copy of the hearing decision will be sent to the parent and school district accompanied by a statement describing the method of appealing the decision. (4) The Department will submit a copy of the findings and hearing decision to the State Advisory Council for Special Education or a subcommittee of the Council, and make the findings and decisions available to the public, in such a manner so that personally identifiable information will not be disclosed. Statutory/Other Authority: ORS 343.041, 343.045, 343.055, 343.155 & 343.165 Statutes/Other Implemented: ORS 343.167, 34 CFR 300.513 & 300.515 History: Renumbered from 581-015-0088, ODE 10-2007, f. & cert. ef. 4-25-07 ODE 2-2003, f. & cert. ef. 3-10-03 EB 11-1995, f. & cert. ef. 5-25-95 EB 9-1993, f. & cert. ef. 3-25-93 EB 3-1990, f. & cert. ef. 1-26-90 EB 28-1989(Temp), f. & cert. ef. 10-16-89 1EB 5-1980, f. 2-22-80, ef. 2-23-80 1EB 18-1979(Temp), f. & ef. 11-15-79 1EB 269, f. & ef. 12-22-77
581-015-2380 Informal Disposition Nothing contained herein shall be construed to preclude any system of consultations or conferences with parents that is used by school districts with regard to identification, evaluation or educational placement of a child with a disability. Such conferences or consultations, however, shall not be held in lieu of a hearing requested under OAR 581-015-2345 if one is requested. A request for a hearing shall not preclude informal disposition of the matter by stipulation, agreed settlement or consent order. Statutory/Other Authority: ORS 343.041, 343.045, 343.055 & 343.155 Statutes/Other Implemented: ORS 343.155 History: ODE 32-2019, minor correction filed 08/08/2019, effective 08/08/2019 Renumbered from 581-015-0091, ODE 10-2007, f. & cert. ef. 4-25-07 EB 11-1995, f. & cert. ef. 5-25-95 1EB 269, f. & ef. 12-22-77
581-015-2383 Failure to Appear at a Hearing (1) When a parent, having requested a hearing, fails to appear at the specified time and place, the administrative law judge must enter a decision which supports the school district action. (2) The decision supporting the school district's action must set forth the material on which the action is based, or the material must be attached to and made a part of the decision. Statutory/Other Authority: ORS 343.041, 343.045, 343.055, 343.155 & 343.165 Statutes/Other Implemented: ORS 343.155 & 343.165 History: Renumbered from 581-015-0084, ODE 10-2007, f. & cert. ef. 4-25-07 EB 11-1995, f. & cert. ef. 5-25-95 1EB 5-1980, f. 2-22-80, ef. 2-23-80 1EB 18-1979(Temp), f. & ef. 11-15-79 1EB 269, f. & ef. 12-22-77
581-015-2385 Hearing Costs (1) Costs of the Proceedings: (a) The school district must reimburse the Department for the costs related to conducting the hearing, including pre-hearing conferences, scheduling arrangements, and other related matters. (b) The school district must provide the parent with a written, or at the option of the parent, an electronic verbatim recording of the hearing, within a reasonable time of the close of the hearing. (2) Attorney Fees: Funds under Part B of the Individuals with Disabilities Education Act may not be used to pay attorney fees or costs of a party related to an action or proceeding under this rule. Statutory/Other Authority: ORS 343.041, 343.045, 343.055 & 343.167; Statutes/Other Implemented: ORS 343.165, 343.167, 34 CFR 300.512 & 300.517(b) History: Renumbered from 581-015-0093, ODE 10-2007, f. & cert. ef. 4-25-07 ODE 2-2003, f. & cert. ef. 3-10-03 EB 9-1992, f. & cert. ef. 4-7-92 EB 3-1990, f. & cert. ef. 1-26-90 EB 28-1989(Temp), f. & cert. ef. 10-16-89
581-015-2390 Definitions for Hearings Under Section 504 of the Rehabilitation Act The following definitions apply to OAR 581-015-2395: (1) "Student with a disability under Section 504" means any student who has a physical or mental impairment that substantially limits one or more major life activities. (2) As used in section (1) of this rule: (a) "Physical or mental impairment" means any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: Neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin; endocrine; any mental or psychological disorder, such as intellectual disability, organic brain syndrome, emotional or mental illness, and specific learning disabilities; (b) "Major life activities" means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working; (3) "Qualified student with a disability under Section 504" means a student with a disability under Section 504 who is: (a) Of an age during which persons without a disability are provided educational services; (b) Of any age during which it is mandatory under state law to provide such services to students with disabilities; or (c) To whom a state is required to provide a free appropriate public education under the Individuals with Disabilities Education Act. (4) "School District" means a school district as defined in ORS 343.153. Statutory/Other Authority: ORS 326 & 323.055 Statutes/Other Implemented: ORS 343.041 History: ODE 12-2011, f. & cert. ef. 10-31-11 ODE 26-2008, f. 10-23-08, cert. ef. 10-24-08 Renumbered from 581-015-0108, ODE 10-2007, f. & cert. ef. 4-25-07 ODE 6-2003, f. 4-29-03, cert. ef. 4-30-03 EB 24-1988, f. & cert. ef. 5-24-88 EB 7-1987(Temp), f. & ef. 5-11-87
581-015-2395 Procedures for a Hearing under Section 504 of the Rehabilitation Act of 1973 (1) The parent or guardian of a qualified student with a disability under section 504 may file a written request for a hearing with the State Superintendent of Public Instruction with respect to actions regarding the identification, evaluation, provision of a free appropriate education, or education placement of the student with the disability under Section 504, which the parent or guardian alleges to be in violation of Section 504 of the Rehabilitation Act of 1973, Public Law 93-112, or any amendment thereof. In such event, the Superintendent will conduct a hearing. (2) The school district involved in the hearing is responsible for the costs of the hearing. (3) The prehearing and hearing procedures in OAR 581-015-2340 through 581-015-2383 apply to hearings conducted under Section 504 of the Rehabilitation Act. (4) The parties are entitled to the procedural rights under OAR 581-015-2360 with the exceptions of the stay-put provision and the right to obtain at no cost a written or electronic verbatim record of the hearing, both of which do not apply to a hearing under this rule. (5) Nothing in this rule is meant to prevent the parties from also seeking due process remedies under the Individuals with Disabilities Education Act as set forth in OAR 581-015-2340 through 581-015-2385. Statutory/Other Authority: ORS 326 & 343.055 Statutes/Other Implemented: ORS 343.041 History: Renumbered from 581-015-0109, ODE 10-2007, f. & cert. ef. 4-25-07 ODE 6-2003, f. 4-29-03, cert. ef. 4-30-03 EB 9-1993, f. & cert. ef. 3-25-93 EB 24-1990, f. & cert. ef. 5-18-90 EB 24-1988, f. & cert. ef. 5-24-88 EB 7-1987(Temp), f. & ef. 5-11-87
581-015-2400 Definitions For the purposes of OAR 581-015-2400 through 581-015-2445, the following definitions apply: (1) "Behavioral intervention plan" means an individualized plan, including positive interventions, designed to assist a student to decrease inappropriate behavior and increase or teach an alternative appropriate behavior. (2) "Current educational placement" means the type of educational placement of the child as described in the child's "annual determination of placement" document at the time of the disciplinary removal. It does not mean the specific location or school but the type of placement on the continuum of placement options (e.g. regular classroom with support; regular classroom with resource room support; special class; special school; home instruction, etc.). (3) "Disciplinary removal" means suspension, expulsion, or other removal from school for disciplinary reasons, including removals for mental health examinations for students who threaten violence or harm in public schools under ORS 339.250(4)(b)(C). It does not include: (a) Removals by other agencies; (b) Removals for public health reasons (e.g. head lice, immunizations, communicable diseases, etc.); (c) In-school suspensions if the child continues to have access to the general curriculum and to special education and related services as described in the child's IEP, and continues to participate with children without disabilities to the extent they would in their current placement; or (d) Bus suspensions, unless the student's IEP includes transportation as a related service, the district makes no alternative transportation arrangements for the student, and the student does not attend school as a result of the bus suspension. (4) "Functional behavioral assessment" means an individualized assessment of the student that results in a hypothesis about the function of a student's behavior and, as appropriate, recommendations for a behavior intervention plan. (5) "Suspension" means any disciplinary removal other than expulsion. Statutory/Other Authority: ORS 343.041, 343.045 & 343.155 Statutes/Other Implemented: ORS 343.155 History: ODE 26-2008, f. 10-23-08, cert. ef. 10-24-08 Renumbered from 581-015-0550, ODE 10-2007, f. & cert. ef. 4-25-07 ODE 2-2003, f. & cert. ef. 3-10-03 ODE 35-1999, f. 12-13-99, cert. ef. 12-14-99
581-015-2405 Disciplinary Removals for Up to 10 School Days for Children with Disabilities (1) School districts may remove a child with a disability who violates a code of student conduct from the child’s current educational placement to an appropriate interim alternative educational setting, another setting, or suspension, for up to ten school days in a school year to the same extent, and with the same notice, as for children without disabilities. These removals are not considered a change in placement. (2) During disciplinary removals described in section (1) of this rule: (a) School districts are not required to provide access to special education and the general curriculum unless students without disabilities are provided access during this time. (b) School districts are not required to determine whether the child's behavior resulting in disciplinary removal is a manifestation of the child's disability. (3) For the purpose of counting days of suspensions under OAR 581-015-2405 through 581-015-2445: (a) Suspensions of a half day or less are counted as a half day; and (b) Suspensions of more than a half-day are counted as a whole day. (4) For the purposes of determining "current educational placement" in subsection (1) of this rule: (a) Children who received special education services in another state and are found eligible for special education in Oregon are treated as initially placed in special education in Oregon, and any days of suspension accrued in the former state are not counted toward the ten days. (b) For children who move from one school district to another school district in Oregon, any days of suspension from the former district carry over to the new school district unless the school district does not have actual knowledge of the previous suspensions. Statutory/Other Authority: ORS 343.041, 343.045 & 343.155 Statutes/Other Implemented: ORS 343.155 & 34 CFR 300.530 History: Renumbered from 581-015-0551, ODE 10-2007, f. & cert. ef. 4-25-07 ODE 2-2003, f. & cert. ef. 3-10-03 ODE 35-1999, f. 12-13-99, cert. ef. 12-14-99
581-015-2410 Additional Disciplinary Removals of Up to 10 School Days Each (No Pattern) (1) School districts may remove a child with a disability who violates a code of student conduct from the child’s current educational placement to an appropriate interim alternative educational setting, another setting, or suspension for additional periods of up to ten school days in a school year to the same extent, and with the same notice, as for children without disabilities, if the removals do not constitute a pattern under section (2) of this rule. These removals are not considered a change in placement. (2) School personnel must determine, on a case-by-case basis, whether the series of removals constitute a pattern: (a) Because the child’s behavior is substantially similar to the child’s behavior in previous incidents that resulted in the series of removals; and (b) Because of such additional factors as the length of each removal, the total amount of time the child has been removed, and the proximity of removals to one another. (3) Services. During removals described in section (1) of this rule: (a) School districts must provide services that are necessary to enable the child: (A) To continue to participate in the general education curriculum, although in another setting; and (B) To progress toward meeting the goals in the child's IEP. (b) School personnel, in consultation with at least one of the child’s teachers, determine the extent to which the services described in subsection (3)(a) of this rule are needed, and the location for delivery of those services. (c) School districts are not required to determine whether the behavior resulting in removal is a manifestation of the child's disability. (4) The determination in subsection (2) is subject to review under OAR 581-015-2445. Statutory/Other Authority: ORS 343.041, 343.045 & 343.155; Statutes/Other Implemented: ORS 343.155, 34 CFR 300.530 & 300.536 History: Renumbered from 581-015-0552, ODE 10-2007, f. & cert. ef. 4-25-07 ODE 2-2003, f. & cert. ef. 3-10-03 ODE 35-1999, f. 12-13-99, cert. ef. 12-14-99
581-015-2420 Manifestation Determination (1) In determining whether the child's behavior is a manifestation of the child's disability, the school district, the parent, and relevant members of the IEP team (as determined by the parent and the district) must review all relevant information in the student’s file, including the child's IEP, any teacher observations, and any relevant information provided by the parents to determine: (a) If the conduct in question was caused by, or had a direct and substantial relationship to, the child’s disability; or (b) If the conduct in question was the direct result of the school district’s failure to implement the IEP. (2) If the school district, the parent, and relevant members of the IEP team determine that either subsection (1)(a) or (b) is applicable for the child, the conduct must be determined to be a manifestation of the child’s disability. (3) If the basis for the team’s determination is that the school district did not implement the child’s IEP, the school district must take immediate steps to remedy those deficiencies. Statutory/Other Authority: ORS 343.041, 343.045 & 343.155; Statutes/Other Implemented: ORS 343.155 & 34 CFR 300.530(e) History: Renumbered from 581-015-0554, ODE 10-2007, f. & cert. ef. 4-25-07 ODE 35-1999, f. 12-13-99, cert. ef. 12-14-99
581-015-2430 Removal to an Interim Alternative Educational Setting by Administrative Law Judge (Injurious Behavior) (1) "Injurious behavior" means behavior that is substantially likely to result in injury to the child or to others. (2) School districts may request an expedited due process hearing under OAR 581-015-2445 to obtain an order from an administrative law judge to order a change in placement of the child to an interim alternative educational setting for not more than 45 school days for injurious behavior. (3) The interim alternative educational setting must meet the requirements of OAR 581-015-2435(2). (4) The procedures in subsection (2) may be repeated if the school district believes that returning the child to the original placement is substantially likely to result in injurious behavior. (5) Nothing in this rule precludes a school district from seeking a court order to remove a child from the child's current educational placement to another placement if the district believes that the maintaining the child in the child's current educational placement is substantially likely to result in injurious behavior. Statutory/Other Authority: ORS 343.041, 343.045 & 343.155 Statutes/Other Implemented: ORS 343.155 & 34 CFR 300.532 History: Renumbered from 581-015-0556, ODE 10-2007, f. & cert. ef. 4-25-07 ODE 2-2003, f. & cert. ef. 3-10-03 ODE 35-1999, f. 12-13-99, cert. ef. 12-14-99
581-015-2435 Requirements of an Interim Alternative Educational Setting An interim alternative educational setting under OAR 581-015-2415 and 581-015-2425 must: (1) Be determined by the child’s IEP team; and (2) Enable the child to: (a) Continue to participate in the general curriculum, although in another setting; and (b) Progress toward achieving the goals in the child's IEP. Statutory/Other Authority: ORS 343.041, 343.045 & 343.155 Statutes/Other Implemented: ORS 343.155 & 34 CFR 300.530 History: Renumbered from 581-015-0557, ODE 10-2007, f. & cert. ef. 4-25-07 ODE 35-1999, f. 12-13-99, cert. ef. 12-14-99
581-015-2440 Protections for Children Not Yet Eligible for Special Education (1) The provisions of OAR 581-015-2400 through 581-015-2435 apply to children not yet identified as children with disabilities if the school district had knowledge that the child was a child with a disability. (2) For the purposes of subsection (1) of this rule, a school district "had knowledge" if, before the behavior that precipitated the disciplinary action occurred: (a) The parent of the child expressed a concern in writing to supervisory or administrative school personnel, or a teacher of the child, that the child is in need of special education and related services; (b) The parent of the child requested a special education evaluation of the child; or (c) The teacher of the child, or other school personnel, expressed specific concerns about a pattern of behavior demonstrated by the child directly to the school district's director of special education or other supervisory personnel of the district. (3) Notwithstanding subsections (1) and (2) of this rule, a school district will not be considered to have had knowledge that the child was a child with a disability if: (a) The parent of the child has not allowed an evaluation of the child or has refused services under OAR 581-015-2090; (b) The child has been evaluated in accordance with OAR 581-015-2090–581-015-2180, and the child was determined not eligible; or (c) The parent or adult student has revoked consent for the continued provision of special education and related services pursuant to OAR 581-015-2090(4)(a)(B) or 581-015-2735(4)(a)(B). (4) If the school district did not have knowledge before taking disciplinary action against the child, the district may take the same disciplinary actions as applied to children without disabilities who engaged in comparable behaviors. However: (a) If a special education evaluation is requested or if the school district initiates a special education evaluation, the evaluation must be conducted in an expedited manner. (b) Until the evaluation is completed, the child remains in the educational placement determined by school personnel, which can include suspension, expulsion, or placement in alternative education under OAR 581-021-0071. (c) If, on completion of the evaluation, the child is determined to be a child with a disability, the school district must conduct an IEP meeting to develop an IEP and determine placement and must provide special education and related services. (d) The provisions of OAR 581-015-2400–581-015-2435 and 581-015-2445 apply beginning on the date of the eligibility determination. Statutory/Other Authority: ORS 343.041, 343.045 & 343.155 Statutes/Other Implemented: ORS 343.155 & 34 CFR 300.534 History: ODE 13-2009, f. & cert. ef. 12-10-09 Renumbered from 581-015-0558, ODE 10-2007, f. & cert. ef. 4-25-07 ODE 2-2003, f. & cert. ef. 3-10-03 ODE 35-1999, f. 12-13-99, cert. ef. 12-14-99