justicedao/ipfs_state_laws huggingface dataset:
581-015-2445 Expedited Due Process Hearings (1) An expedited due process hearing must be held if a hearing is requested under OAR 581-015-2345 because: (a) In a dispute over a disciplinary action for a child with a disability, the child's parent disagrees with a determination that the child's behavior was not a manifestation of the child's disability or with any decision regarding the child's educational placement; or (b) The school district believes that maintaining the current placement of the child is substantially likely to result in injury to the child or to others. (2) Expedited due process hearings must meet the requirements of OAR 581-015-2340 through 581-015-2385; except that: (a) Unless the parents and school district agree in writing to waive the resolution meeting in OAR 581-015-2355 or agree to use the mediation process in 581-015-2335: (A) A resolution meeting must occur within seven days of receiving notice of the due process hearing request; and (B) The hearing may proceed unless the matter has been resolved to the satisfaction of both parties within 15 days of the receipt of the due process hearing request. (b) The expedited hearing must occur within 20 school days of the date the hearing is requested and must result in a written decision within 10 school days after the hearing. Statutory/Other Authority: ORS 343.041, 343.045 & 343.155 Statutes/Other Implemented: ORS 343.155 & 34 CFR 300.532 History: Renumbered from 581-015-0559, 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
581-015-2450 Definitions For the purposes of OAR 581-015-2450 through 581-015-2515, the following definitions apply: (1) "Enrolled in a public school or ECSE program" means enrolled in, attending, and, for children ages 7 to 18, not exempt from compulsory school attendance as a private school student. (2) "IDEA funds" means federal funds allocated to the public agency under the Individuals with Disabilities Education Act. (3) "Private school child with a disability" means a child with a disability or preschool child with a disability aged 3 to school-age who has been enrolled by a parent in a private school or facility, and who, if aged 7 to 18, is exempt from compulsory school attendance under ORS 339.115. (a) This term includes school-age children who are exempt from compulsory school attendance under ORS 339.115, even if a school district permits the student to attend one or more classes pursuant to a district policy permitting partial enrollment. (b) This term does not include: (A) Children three years of age until the age of eligibility for public school who can be provided a free appropriate public education in a private preschool or child care setting selected and paid for by their parents; or (B) Children who are exempt from compulsory school attendance under ORS 339.115 as a home schooled student; or (C) Children who are not of compulsory school attendance age who have rejected public agency services but who are not attending a private school; or (D) Children who are placed in a private school by the public agency. (4) “Private school” means a private elementary or secondary school or facility, including a private religious school. A preschool is considered a private school under this provision only if it is part of a private elementary or secondary school. (4) "Public agency" means: (a) For school-aged children, the school district where the private elementary or secondary school is located; and (b) For children aged 3 up to school-age, the EI/ECSE contractor where the private elementary school or secondary school is located. (5) "Services plan" means a written statement that describes the special education and related services the school district will provide to a parentally-placed private school child with a disability who has been designated to receive services, including the location of services and any transportation necessary, consistent with OAR 581-015-2460. Unlike an IEP or IFSP, a service plan does not need to provide a free appropriate public education. Statutory/Other Authority: ORS 343.041, 343.045 & 343.055 Statutes/Other Implemented: ORS 343.055 & 34 CFR 300.133 History: Renumbered from 581-015-0705, ODE 10-2007, f. & cert. ef. 4-25-07 ODE 6-2003, f. 4-29-03, cert. ef. 4-30-03 ODE 16-2000, f. & cert. ef. 5-23-00
581-015-2455 Provision of services for Private School Children with Disabilities (1) Each public agency must provide for participation in special education and related services to private school children with disabilities who are enrolled in private schools located within the school district boundaries, to the extent consistent with the number and location of these children. (2) No private school child with a disability has an individual right to receive some or all of the special education and related services that the child would receive if enrolled in a public school (3) Decisions about the services that will be provided to private school children with disabilities must be made in accordance with OAR 581-015-2460 and 581-015-2480. (4) Special education and related services provided to private school children with disabilities must be provided by personnel meeting the same standards as personnel providing services in the public agency, except that private school teachers providing equitable services to private school children with disabilities do not have to meet the highly qualified special education teacher requirements. (5) Special education and related services must be provided to private school children with disabilities by employees of the public agency or through contract by the public agency with an individual, association, agency, organization, or other entity. (6) Private school children with disabilities may receive a different amount of services than children with disabilities in public schools. (7) Special education and related services may be provided to parentally-placed private school children on the premises of private, including religious, schools, to the extent consistent with law. (8) Special education and related services provided to parentally-placed private school children with disabilities, including materials and equipment, must be secular, neutral and nonideological. Statutory/Other Authority: ORS 343.041, 343.045 & 343.055 Statutes/Other Implemented: ORS 343.155, 34 CFR 300.132, 300.137, 300.138 & 300.139 History: Renumbered from 581-015-0166, ODE 10-2007, f. & cert. ef. 4-25-07 ODE 30-2000, f. & cert. ef. 12-11-00 ODE 16-2000, f. & cert. ef. 5-23-00 EB 12-1995, f. & cert. ef. 5-25-95 1EB 25-1980, f. & ef. 11-7-80 1EB 28-1978, f. & ef. 7-20-78
581-015-2460 Services Plan (1) If a child with a disability is enrolled by a parent in private school and will receive special education or related services from a public agency, the public agency must: (a) Initiate and conduct meetings to develop, review and revise a services plan for the child in accordance with subsection (3); and (b) Ensure that a representative of the child's private school attends each meeting. If the representative cannot attend, the public agency must use other methods to ensure participation by the private school, including individual or conference telephone calls. (2) The services plan must describe the specific special education and related services that the public agency will provide to the child in light of the services that the public agency has determined, through the consultation process described in OAR 581-015-2480, it will make available to private school children with disabilities. (3) The services plan must, to the extent appropriate: (a) Meet the requirements of OAR 581-015-2200 with respect to the services provided; and (b) Be developed reviewed and revised consistent with OARs 581-015-2190 through 581-015-2210 and 581-015-2220(2) and (3). (4) Transportation: (a) Public agencies are not required to provide transportation from the child's home to the private school. (b) If necessary for the child to benefit from or participate in the services provided by the public agency, the public agency must provide transportation to the child: (A) From the child's school or the child's home to a site other than the private school; and (B) From the service site to the private school, or to the child's home, depending on the timing of the services. Statutory/Other Authority: ORS 343.041, 343.045 & 343.055; Statutes/Other Implemented: ORS 343.155, 34 CFR 300.137 & 139 History: Renumbered from 581-015-0151, ODE 10-2007, f. & cert. ef. 4-25-07 ODE 16-2000, f. & cert. ef. 5-23-00 EB 11-1995, f. & cert. ef. 5-25-95 1EB 28-1978, f. & ef. 7-20-78
581-015-2465 Documentation Requirements Each public agency must maintain in its records and provide annually to the Department the following information for parentally-placed private school children: (1) The number of parentally-placed private school children evaluated; (2) The number determined to be children with disabilities, and (3) The number of children served. Statutory/Other Authority: ORS 343.041, 343.045 & 343.055 Statutes/Other Implemented: ORS 343.155 & 34 CFR 300.132 History: ODE 10-2007, f. & cert. ef. 4-25-07
581-015-2470 Expenditures for Parentally-Placed Private School Children (1) Formulas for determining funds available for provision of special education and related services to private school children with disabilities: (a) For school-age children: Each school district must spend an amount that is the same proportion of the school district's total subgrant of IDEA funds as the number of school-age private school children with disabilities who are enrolled by their parents in private schools located within the boundaries of the school district is to the total number of school-age children with disabilities in its jurisdiction. (b) For private school children with disabilities aged 3 up to school-age, the EI/ECSE contractor must spend: (A) An amount that is the same proportion of the contractor’s total IDEA fund subgrant under section 611(f) for ECSE children as the number of ECSE private school children with disabilities who are enrolled by their parents in private schools located within the boundaries of the ECSE service area is to the total number of ECSE children with disabilities in the service area; and (B) An amount that is the same proportion of the contractor’s total IDEA fund subgrant under section 619(g) as the number of ECSE private school children with disabilities who are enrolled by their parents in private schools located within the boundaries of the ECSE service area is to the total number of ECSE children with disabilities in the service area. (2) If a public agency has not expended for equitable services all of the proportionate funds designated for that purpose by the end of the fiscal year the IDEA funds were appropriated, the public agency must obligate the remaining funds for special education and related services to parentally-placed private school children with disabilities for a carry-over period of one additional year. (3) Expenditures for child find activities described in OAR 581-015-2085 may not be considered in determining whether the public agency has met the requirements of section (1). (4) A public agency is neither required to or prohibited from providing services to private school children with disabilities in excess of those required by this part, consistent with State law or local policy. State and local funds must not supplant the proportionate amount of federal funds required to be expended under subsection (1). (5) The cost of the transportation described in OAR 581-015-2460(4)(b) may be included in calculating whether the public agency has met the requirement of section (1) of this rule. Statutory/Other Authority: ORS 343.041, 343.045, 343.055 & 343.157 Statutes/Other Implemented: ORS 343.055, 34 CFR 300.133 & 139 History: Renumbered from 581-015-0706, ODE 10-2007, f. & cert. ef. 4-25-07 ODE 6-2003, f. 4-29-03, cert. ef. 4-30-03 ODE 16-2000, f. & cert. ef. 5-23-00
581-015-2475 Private School Child Count Each public agency must: (1) After timely and meaningful consultation with representatives of private school children consistent with OAR 581-015-2480, determine the number of private school children with disabilities attending private schools located within the boundaries of the public agency; (2) Conduct the count on December 1 of each year; and (3) Use the count to determine the amount that the public agency will spend on providing special education and related services to private school children with disabilities in the next fiscal year. Statutory/Other Authority: ORS 343.055 & 343.157; Statutes/Other Implemented: ORS 343.055 & 34 CFR 300.133 History: ODE 10-2007, f. & cert. ef. 4-25-07
581-015-2480 Consultation with Representatives of Private School Children with Disabilities (1) To ensure timely and meaningful consultation, public agencies must consult with representatives of private school children with disabilities during the design and development of special education and related services for the children, including regarding: (a) The child find process, including how private school children suspected of having a disability can participate equitably, and how parents, teachers, and private school officials will be informed of the process; (b) The determination of the proportionate share of IDEA funds available to serve private school children with disabilities, including the determination of how the proportionate share of funds was calculated; (c) The consultation process among the public agency and representatives of private school children with disabilities, including how such process will operate throughout the school year to ensure that private school children with disabilities identified through the child find process can meaningfully participate in special education and related services; (d) How, where and by whom special education and related services will be provided for private school children with disabilities, including a discussion of the types of services (including direct services and alternate service delivery mechanisms), how such services will be apportioned if funds are insufficient to serve all children, and how and when these decisions will be made; and (e) How, if the public agency disagrees with the views of private school officials on the provision of services or the types of services (whether provided directly or through a contract), the public agency will provide to the private school officials a written explanation of the reasons why the public agency chose not to provide services directly or through a contract. (2) For the purposes of this rule, “representatives of private school children with disabilities” means representatives of parents of private school children with disabilities and private school officials or other private school representatives. (3) The public agency makes the final decisions with respect to the services to be provided to eligible private school children. Statutory/Other Authority: ORS 343.041, 343.045 & 343.055; Statutes/Other Implemented: ORS 343.041, 343.055, 34 CFR 300.134 & 137 History: Renumbered from 581-015-0171, ODE 10-2007, f. & cert. ef. 4-25-07 ODE 16-2000, f. & cert. ef. 5-23-00 EB 13-1995, f. & cert. ef. 5-25-95 1EB 28-1978, f. & ef. 7-20-78
581-015-2483 Written Affirmation (1) When timely and meaningful consultation has occurred as described in OAR 581-015-2480, the public agency must obtain a written affirmation signed by the representatives of participating private schools. (2) If the representatives do not provide the affirmations within a reasonable period of time, the school district must forward the documentation of the consultation process to the Department. Statutory/Other Authority: ORS 343.041, 343.045 & 343.055; Statutes/Other Implemented: ORS 343.041, 343.055 & 34 CFR 300.135 History: ODE 10-2007, f. & cert. ef. 4-25-07
581-015-2485 Complaint by Private School Official (1) A private school official may submit a complaint to the Department under OAR 581-015-2030 that the public agency did not engage in consultation that was meaningful and timely, or did not give due consideration to the views of the private school official. (a) If the private school official wishes to submit a complaint, the official must provide the basis of the noncompliance by the public agency to the Department, and the public agency must forward the appropriate documentation to the Department. (b) If the private school official is dissatisfied with the decision of the Department, the official may submit a complaint to the United States Secretary of Education by providing the basis of the noncompliance by the public agency to the Secretary, and the Department will forward the appropriate documentation to the Secretary. (2) For the purposes of this rule, a “private school official” is an administrator of the private school. Statutory/Other Authority: ORS 343.041, 343.045 & 343.055 Statutes/Other Implemented: ORS 343.055 & 34 CFR 300.136 History: ODE 10-2007, f. & cert. ef. 4-25-07
581-015-2490 Complaints and Due Process Hearings for Private School Children (1) Due process hearing procedures do not apply to complaints that a public agency has failed to meet the requirements relating to the provision of services to and expenditures for private school children, including the provision of services indicated on the child's services plan. (2) Due process hearing procedures do apply to complaints that a public agency has failed to meet the child find requirements, including the requirements regarding evaluation, determination of eligibility for special education services, and reevaluation. Any due process hearing request regarding the child find requirements must be filed with the public agency in which the private school is located and with the Department under OAR 581-015-2345. (3) Complaints that a public agency has failed to meet any of the requirements related to private school children may be filed under OAR 581-015-2030. Statutory/Other Authority: ORS 343.055 & 343.155 Statutes/Other Implemented: ORS 343.055 & 34 CFR 300.140 History: Renumbered from 581-015-0707, ODE 10-2007, f. & cert. ef. 4-25-07 ODE 16-2000, f. & cert. ef. 5-23-00
581-015-2495 Funds and Property Not to Benefit Private Schools (1) A public agency may not use IDEA funds to finance the existing level of instruction in a private school or to otherwise benefit the private school. (2) The public agency must use IDEA funds to meet the special education needs of students enrolled in private schools, but not for: (a) The needs of a private school; or (b) The general needs of the students enrolled in the private school. Statutory/Other Authority: ORS 343.041, 343.045 & 343.055 Statutes/Other Implemented: ORS 343.155 & 34 CFR 300.141 History: Renumbered from 581-015-0196, ODE 10-2007, f. & cert. ef. 4-25-07 ODE 16-2000, f. & cert. ef. 5-23-00 EB 11-1995, f. & cert. ef. 5-25-95 1EB 28-1978, f. & ef. 7-20-78
581-015-2500 Use of Personnel (1) A public agency may use IDEA funds to make public agency personnel available in other than public facilities: (a) To the extent necessary to implement any of the requirements related to private school children with disabilities; and (b) If those services are not normally provided by the private school. (2) A public agency may use IDEA funds to pay for the services of an employee of a private school to provide services to private school children if: (a) The employee performs the services outside of his or her regular hours of duty; and (b) The employee performs the services under public supervision and control. Statutory/Other Authority: ORS 343.055 Statutes/Other Implemented: ORS 343.055 & 34 CFR 300.142 History: Renumbered from 581-015-0708, ODE 10-2007, f. & cert. ef. 4-25-07 ODE 16-2000, f. & cert. ef. 5-23-00
581-015-2505 Separate Classes Prohibited A public agency may not use IDEA funds for classes that are organized separately on the basis of school enrollment or religion of the students if: (1) The classes are at the same site; and (2) The classes include students enrolled in public schools or ECSE programs and students enrolled in private schools. Statutory/Other Authority: ORS 343.041, 343.045 & 343.055 Statutes/Other Implemented: ORS 659.150 & 34 CFR 300.143 History: Renumbered from 581-015-0191, ODE 10-2007, f. & cert. ef. 4-25-07 ODE 16-2000, f. & cert. ef. 5-23-00 EB 11-1995, f. & cert. ef. 5-25-95 1EB 28-1978, f. & ef. 7-20-78
581-015-2510 Property, Equipment, and Supplies (1) A public agency must keep title to and exercise continuing administrative control of all property, equipment and supplies that the public agency acquires with IDEA funds for the benefit of private school children with disabilities. (2) The public agency may place equipment and supplies in a private school for a period of time needed to implement the services plan of a private school child with disabilities or for child find purposes. (3) The public agency must ensure that the equipment and supplies placed in a private school: (a) Are used only for the purposes identified in section (2); and (b) Can be removed from the private school without remodeling the private school facility. (4) The public agency must remove equipment and supplies from a private school if: (a) The equipment and supplies are no longer needed for the purposes identified in section (2); or (b) Removal is necessary to avoid unauthorized use of the equipment and supplies. (5) IDEA funds must not be used for repairs, minor remodeling, or construction of private school facilities. Statutory/Other Authority: ORS 343.041, 343.045 & 343.055 Statutes/Other Implemented: ORS 343.055 & 34 CFR 300.144 History: Renumbered from 581-015-0186, ODE 10-2007, f. & cert. ef. 4-25-07 ODE 16-2000, f. & cert. ef. 5-23-00 EB 11-1995, f. & cert. ef. 5-25-95 1EB 28-1978, f. & ef. 7-20-78
581-015-2530 Children and Young Adults Enrolled in Public Benefits or Insurance (1) For purposes of this rule: (a) “Child or young adult” has the meaning given that term in OAR 410-133-0040. (b) “Consent”: (A) For purposes of subsection (2)(a) of this rule, has the meaning given that term in 34 C.F.R. §300.9, or where applicable, §300.7; and (B) For purposes of subsection (2)(b) of this rule, has the meaning described for that term in 34 C.F.R. §99.30. (c) “Education agency” has the meaning given that term in OAR 410-133-0040. (2) Before an education agency accesses a child’s or young adult’s public benefits or insurance and discloses personally identifiable information to seek Medicaid reimbursement for the first time, an education agency must provide written notification to the child’s or young adult’s parent and obtain informed, written consent that meets the requirements of: (a) 34 C.F.R. §§300.154, 300.622, 303.520, 303.521, and 303.414 (The Individuals with Disabilities Education Act); and (b) 34 C.F.R. §99.30 (Family Education Rights and Privacy Act). (3) After providing written notification and obtaining consent as described in subsection (2) of this rule, an education agency must provide the parent with the written notification on an annual basis that meets the requirements of the regulations listed in subsection (2) of this rule. Statutory/Other Authority: ORS 343.041, ORS 343.045 & ORS 343.055 Statutes/Other Implemented: ORS 343.045, 34 C.F.R. 99.30, 34 C.F.R. 104, 34 C.F.R. 300.154, 34 C.F.R. 300.622, 34 C.F.R. 300.9, 34 C.F.R. 303.414 & ORS 343.155 History: ODE 5-2026, amend filed 02/25/2026, effective 02/25/2026 ODE 12-2013, f. & cert. ef. 5-30-13 ODE 11-2013(Temp), f. & cert. ef. 4-25-13 thru 10-21-13 Renumbered from 581-015-0607, ODE 10-2007, f. & cert. ef. 4-25-07 ODE 2-2003, f. & cert. ef. 3-10-03