justicedao/ipfs_state_laws huggingface dataset:
581-015-2535 Children with Disabilities Covered by Private Insurance (1) With regard to services required to provide FAPE to a child with disabilities, a school district may access a parent's private insurance proceeds only if the parent provides informed consent consistent with this chapter. (2) Each time the school district proposes to access the parent's private insurance proceeds, it must: (a) Obtain parent consent in accordance with this rule; and (b) Inform the parents that their refusal to permit the public agency to access their private insurance does not relieve the public agency of its responsibility to ensure that all required services are provided at no cost to the parents. (3) IDEA funds: (a) If a school district is unable to obtain parental consent to use the parent's private insurance, to ensure FAPE, the district may use its Part B funds to pay for the service. (b) To avoid financial cost to parents who otherwise would consent to use private insurance, or public insurance if the parent would incur a cost, the school district may use its Part B funds to pay the cost the parents otherwise would have to pay to use the parent's insurance (e.g., the deductible or co-pay amounts). (c) Proceeds from private insurance will not be treated as program income for purposes of 34 CFR 80.25. Statutory/Other Authority: ORS 343.041, 343.045 & 343.055; Statutes/Other Implemented: ORS 343.164, 343.045, 343.155 & 34 CFR 300.154 History: Renumbered from 581-015-0608, ODE 10-2007, f. & cert. ef. 4-25-07 ODE 2-2003, f. & cert. ef. 3-10-03
581-015-2540 Definitions for Regional Programs The following definitions apply to OAR 581-015-2545 through 581-015-2565 unless otherwise indicated by the context. (1) "Administrative Unit" means the school district or ESD within each region chosen to operate the regional program through contract with the Department of Education. (2) "Consultation services" means technical assistance to or conferring with the local education agency and staff or early intervention/early childhood special education providers and staff or families to assist them to provide services to eligible children. (3) "Department" means the Oregon Department of Education. (4) "Direct services" means services provided to the child by regional specialists. (5) "Eligible children" means children with low-incidence, high need disabilities who need the services of the regional program. (6) "Low incidence, high need disabilities" means one or more of the following categories under OAR 581-015-2130 through 581-015-2180: autism spectrum disorder, deafblindness, hearing impairment, orthopedic impairment, traumatic brain injury, and vision impairment. (7) "Regional program" means direct or consultative services funded through the Department provided on a single or multi-county basis that assist school districts and early intervention/ early childhood special education providers in meeting the unique needs of eligible children. (8) "Services" means early intervention services, early childhood special education and/or related services, and special education and/or related services, as defined in OAR 581-015-2700 and 581-015-2000, respectively. (9) "Superintendent" means the State Superintendent of Public Instruction. Statutory/Other Authority: ORS 343.236 Statutes/Other Implemented: ORS 343.236 History: ODE 39-2013, f. & cert. ef. 12-18-13 Renumbered from 581-015-0291, ODE 10-2007, f. & cert. ef. 4-25-07 ODE 6-2003, f. 4-29-03, cert. ef. 4-30-03 EB 10-1996, f. & cert. ef. 6-26-96 EB 27-1988, f. & cert. ef. 6-9-88
581-015-2545 Administration of Regional Programs (1) The Superintendent may provide services to eligible children on a regional basis to the extent possible with funds allocated for this purpose: (a) The Superintendent determines the number of regions and their boundaries; (b) The Superintendent selects a local school district, education service district, and/or county school district to serve as the Administrative Unit in each region; (c) The Superintendent may designate a Department employee to give general coordination to regional programs; (d) The Superintendent may appoint an advisory committee to provide policy direction for regional programs. This committee reports to the State Board of Education through the regional program coordinator. (2) The Administrative Unit provides general management to the regional program by: (a) Preparing a regional plan that will include administrative structure, provision of direct and consultation services to eligible children, their families and staff, inservice activities, supervision of instruction, subcontracting and budget; (b) Serving as fiscal agent for the region including arrangement of subcontracts; preparation of budgets for the receipt of local, state, and federal funds; provision of reports regarding child data, progress, and services; and the management of all fiscal functions including but not limited to, business services; (c) Selecting, hiring, and directing regional employees using funds granted for that purpose and making employee benefits consistent with other district employees; (d) Appointing a regional coordinator who will give general direction to the regional program and act as liaison to the Department; and (e) Appointing a Regional Advisory Council to provide advice to the Administrative unit on program and policy direction. (3) The Regional Advisory Council consists of seven to eleven members representing each county in the region. At least one person must represent each of the following categories: (a) Superintendent of an education service district or local school district; (b) Special education supervisor or teacher of an education service district or local school district; (c) Individual who supervises or provides early intervention or early childhood special education services; (d) Director on board of an education service district or local school district; (e) Individual with a disability or parent of an eligible child. (f) Regular education teacher or building administrator. (4) The Administrative Unit governing board will request names from each education service district, school district, county school district, and early intervention and early childhood special education program in the area served by the regional program and make appointments to the council. Statutory/Other Authority: ORS 343.236 Statutes/Other Implemented: ORS 343.236 History: Renumbered from 581-015-0292, ODE 10-2007, f. & cert. ef. 4-25-07 EB 10-1996, f. & cert. ef. 6-26-96 EB 27-1988, f. & cert. ef. 6-9-88
581-015-2550 Eligibility for Regional Services (1) The determination of a child's eligibility for services as a child with autism spectrum disorder, deafblindness, hearing impairment, traumatic brain injury, orthopedic impairment, or vision impairment is the responsibility of: (a) The resident school district for children who are at the age of eligibility for kindergarten through age 21 in accordance with OAR 581-015-2130 through 581-015-2180; or (b) The designated referral and evaluation agency for children who are at the age of eligibility for: (A) Early intervention, from birth until the age of three in accordance with OAR 581-015-2780; and (B) Early childhood special education, from the age of three until eligible for kindergarten in accordance with OAR 581-015-2795. (2) Regional programs may assist the local district or designated referral and evaluation agency in evaluating and/or determining eligibility when the local district or the designated referral and evaluation agency does not have a person trained and experienced in the area of the suspected disability(ies). (3) A child who is found eligible for services as a child with autism spectrum disorder, deafblindness, hearing impairment, traumatic brain injury, or vision impairment may be eligible for regional services if the child needs regional program services. (4) A child who is found eligible for services as a child with orthopedic impairment may be eligible for regional services if the child is determined to be orthopedically impaired by his/her eligibility team based on eligibility tool(s) approved by the Department, and needs regional program services. Statutory/Other Authority: ORS 343.236 Statutes/Other Implemented: ORS 343.236 History: ODE 39-2013, f. & cert. ef. 12-18-13 Renumbered from 581-015-0293, ODE 10-2007, f. & cert. ef. 4-25-07 ODE 6-2003, f. 4-29-03, cert. ef. 4-30-03 EB 10-1996, f. & cert. ef. 6-26-96 EB 27-1988, f. & cert. ef. 6-9-88
581-015-2555 Referral for Regional Services In referring a child to the regional program, the district or early intervention/early childhood special education program must provide the regional coordinator with the following information: (1) A request for regional services; (2) A statement of a child's eligibility in one of the following categories, if previously determined: autism spectrum disorder; deafblindness, hearing impairment, orthopedic impairment, traumatic brain injury, vision impairment, and; (3) Additional information as the regional coordinator or other regional program representative may request. Statutory/Other Authority: ORS 343.236 Statutes/Other Implemented: ORS 343.236 History: ODE 39-2013, f. & cert. ef. 12-18-13 ODE 26-2008, f. 10-23-08, cert. ef. 10-24-08 Renumbered from 581-015-0294, ODE 10-2007, f. & cert. ef. 4-25-07 ODE 6-2003, f. 4-29-03, cert. ef. 4-30-03 EB 10-1996, f. & cert. ef. 6-26-96 EB 27-1988, f. & cert. ef. 6-9-88
581-015-2560 Individualized Educational Program/Individualized Family Service Plan (1) An eligible child must have an individualized educational plan (IEP) developed in accordance with OAR 581-015-2220 or an individualized family service plan (IFSP) in accordance with OAR 581-015-2815. (2) The IEP/IFSP must be developed by an appropriately constituted team in accordance with OAR 581-015-2825 for preschool children, and 581-015-2210 for school-age children. A designated regional program staff must be included in the development of the IEP/IFSP. (3) The IEP/IFSP serves as the basis for determining the child's unique developmental or educational needs and the extent and nature of services to be provided, including services provided by the regional program. Statutory/Other Authority: ORS 343.236 Statutes/Other Implemented: ORS 343.236 History: Renumbered from 581-015-0295, ODE 10-2007, f. & cert. ef. 4-25-07 EB 10-1996, f. & cert. ef. 6-26-96 EB 27-1988, f. & cert. ef. 6-9-88
581-015-2565 Regional Program Services (1) Pursuant to ORS 338, ORS 339, OAR 581-021-0019, and open enrollment under section 9, chapter 718, Oregon Laws 2011, the resident school district has the primary responsibility for the education of an eligible school age child, and is responsible for all costs beyond the fiscal capacity of the regional program that result from the full implementation of the child's IEP. (2) The Department, through its contractors and subcontractors, has the primary responsibility for early intervention and early childhood special education services for eligible children from birth until eligible for kindergarten, and is responsible for all costs beyond the fiscal capacity of the regional program which result from full implementation of the child's IFSP. (3) Eligible children may receive one or more of the following regional services based upon the child's needs according to the IEP or IFSP and available resources of the regional program and agreement of the resident school district or EI/ECSE contractor: (a) Direct services to the child as determined in the IEP/IFSP by an itinerant specialist up to full-time instruction in a self-contained classroom operated by the regional program; (b) Consultation to providers of the child's educational or early intervention/early childhood special education program and/or the parents; (c) Participation in developing the student's IEP or IFSP; (d) Recommendations for classroom activities, materials, equipment, adaptations and modifications to instruction, and/or assessment; (e) Evaluation and interpretation of assessment information; (f) Audiological management; (g) Inservice for staff and parents; and (h) Provision of certain related services. (4) Teachers and therapists employed by the regional program to serve eligible children must hold the appropriate special education or appropriate state licensure. (5) Regional programs must be in compliance with all applicable statutes and administrative rules pertaining to the education of children with disabilities. Statutory/Other Authority: ORS 343.236 Statutes/Other Implemented: ORS 343.236 History: ODE 12-2015, f. & cert. ef. 7-15-15 Reverted to Renumbered from 581-015-0296, ODE 10-2007, f. & cert. ef. 4-25-07 ODE 38-2014(Temp), f. & cert. ef. 9-3-14 thru 3-2-15 Renumbered from 581-015-0296, ODE 10-2007, f. & cert. ef. 4-25-07 ODE 2-2003, f. & cert. ef. 3-10-03 EB 10-1996, f. & cert. ef. 6-26-96 EB 27-1988, f. & cert. ef. 6-9-88
581-015-2570 Definitions and Purposes of Long-Term Care and Treatment (LTCT) Programs (1) Definitions in this rule apply to OARs 581-015-2570 to 581-015-2574: (a) "Contracting school district" means the school district, the education service district, a program operated under the auspices of the State Board of Higher Education, or a program operated under the auspices of the Oregon Health and Science University Board of Directors with which the Department of Education contracts for the provision of educational services. (b) "Education program" means those activities provided under contract between a contracting school district and the Department of Education, which provide a public education to preschool or school-aged children placed by a public entity, private entity or by the child’s parent in a Psychiatric Day Treatment program or a Psychiatric Residential Treatment Facility; (c) “Intermediate care facility” is defined in ORS 442.015 (21); (d) "Psychiatric Day Treatment Programs" are defined in OAR 309-022-0105(73); (e) "Psychiatric Residential Treatment Facility" is defined in OAR 309-022-0105(74). (f) "Resident district" means the resident district of a student as defined under ORS 339.133 and 339.134. (g) "Public Entity" means the Oregon Department of Human Services (DHS), Oregon Health Authority (OHA), the Oregon Youth Authority (OYA), Oregon School District, or their designee. (h) "Treatment program" means the long-term day or residential treatment services provided by a private nonprofit or public agency and provided under contract with a state agency or designee of the state agency. Intermediate care facilities are excluded from this definition. (2) The purposes of the education program under OARs 581-015-2570 to 581-015-2574 are as follows: (a) To serve children placed by a public entity, private entity or by the child’s parent for needs other than educational; (b) To serve children placed by a public entity, private entity or by the child’s parent who require schooling in a protected environment in order to protect the health and safety of themselves and/or others; and (c) To extend the treatment process into the school day to fully implement the treatment plans of children placed by a public entity, private entity or by the child’s parent. Statutory/Other Authority: ORS 326.051 & 343.961 Statutes/Other Implemented: ORS 343.961 History: ODE 111-2019, minor correction filed 08/30/2019, effective 08/30/2019 ODE 15-2011, f. & cert. ef. 12-15-11 ODE 14-2009, f. & cert. ef. 12-10-09 ODE 34-2007, f. & cert. ef. 12-12-07 Renumbered from 581-015-0044, ODE 10-2007, f. & cert. ef. 4-25-07 ODE 2-2003, f. & cert. ef. 3-10-03 EB 31-1991, f. & cert. ef. 12-18-91 EB 10-1991(Temp), f. & cert. ef. 7-15-91 EB 22-1990, f. & cert. ef. 5-18-90 EB 7-1988, f. & cert. ef. 1-15-88 1EB 23-1986, f. & ef. 7-14-86
581-015-2572 Long-Term Care and Treatment (LTCT) Education Program Funding Formula (1) The Department of Education shall provide funding to LTCT education programs based on a Minimum Staffing Level (MSL) model. The MSL model is based on standard classroom staffing that addresses the educational and safety needs of the students and educational staff in eligible LTCT day and residential treatment program classrooms. (2) The Department shall base the MSL model on a ratio of staff to students per classroom that is based upon: (a) One teacher and two instructional assistants for up to 15 students per classroom. (b) One teacher and three assistants for between 15-20 students per classroom. (c) When there are more than 20 students in a classroom, the distribution may factor in opening an additional classroom staffed with one teacher and two additional assistants to bring the student number back to 10 students per classroom. (d) Staffing levels may vary from this guideline for safety, student characteristics, or treatment needs and still meet the MSL standard as determined by the department. (e) At the department’s discretion up to 15.0 percent may be added to LTCT contracts to cover educational overhead costs such as indirect, administrative costs and other educational service related costs. (3) If the total state funding available for all LTCT programs is less than the total state funding needed to fully fund each LTCT contract under the MSL model, the amount of state funding in each contract determined under paragraph (2) of this subsection will be prorated. (4) LTCT education programs shall use the funding from the department based on the MSL model to implement the MSL model as described under paragraph (2) of this rule. Any variation in staff to student classroom ratios under the MSL model must be approved by the department. (5) A special needs fund is established at the Oregon Department of Education which will be up to five percent of the total state monies made available for the LTCT program during a biennium: (a) Individual applications may be made to the Department for this fund to cover unexpected, emergency expenses; (b) Funds not utilized under this paragraph for the first year of the biennium will be carried forward by the Department to the next fiscal year and the remaining balance at the end of the biennium will be carried over as reserve funds into the next biennium. Statutory/Other Authority: ORS 326.051 & 343.961 Statutes/Other Implemented: ORS 343.243 & 343.961 History: ODE 45-2016, f. & cert. ef. 11-1-16 Reverted to ODE 10-2015, f. & cert. ef. 7-13-15 ODE 16-2015(Temp), f. 9-25-15, cert. ef. 9-28-15 thru 3-15-16 ODE 10-2015, f. & cert. ef. 7-13-15 ODE 19-2014, f. & cert. ef. 6-3-14 ODE 15-2011, f. & cert. ef. 12-15-11 ODE 14-2009, f. & cert. ef. 12-10-09
581-015-2573 Due Process Hearings for Long-Term Care and Treatment (LTCT) Education Programs (1) The following shall apply to Due Process Hearings involving students attending education programs: (a) The contracting school district is the “school district” for the purposes of carrying out the procedures required by OAR 581-015-2340 through 581-015-2385; (b) The issues of the hearing do not include the placement by the public entity, private entity or its designee or by the child’s parent for long-term treatment; (c) Costs under OAR 581-015-2385(1)(a) that are in excess of the contracted educational program budget will be paid by the Oregon Department of Education; (d) The Oregon Department of Education is a party to such proceedings and is responsible to provide additional educational services ordered by an administrative law judge that are beyond the scope of the written agreement between the Department and the contracting school district under OARs 581-015-2570 through 581-015-2574. (2) The Department is not responsible for paying for transportation, care, treatment or medical expenses. Statutory/Other Authority: ORS 326.051 & 343.961 Statutes/Other Implemented: ORS 343.243 & 343.961 History: ODE 15-2011, f. & cert. ef. 12-15-11 ODE 14-2009, f. & cert. ef. 12-10-09
581-015-2574 Resident District Obligations for Students in Long-Term Care and Treatment (LTCT) Education Programs (1) The resident district must provide or pay for the daily transportation to and from a Psychiatric Day Treatment Program in which a student placed by a public entity, private entity or by the student’s parent is enrolled as follows: (a) The resident district may directly transport or contract for transportation services with the agency, an adjacent school district, an education service district or a private carrier as long as the subcontractor is operating under the provision of ORS 801.455, 801.460, and 820.100 through 820.150, or is exempt from these regulations by operating under the Public Utility Commission, ORS Chapter 767, or city regulations included in ORS Chapter 221. (b) Subject to agreement with the parent or guardian, the resident district may reimburse a parent or guardian for the transportation of a child at the per mile rate established by that district. (c) Transportation must be provided by the resident district each day the student is scheduled to receive services from the eligible day treatment program. (2) The resident district may claim reimbursement OAR 581-023-0040 for transportation costs incurred while transporting the student only when the student receives education services at the eligible day treatment program. (3) The resident district must participate in all individualized education program or personalized education plan meetings involving its students. Statutory/Other Authority: ORS 326.051, 327.006 & 343.961 Statutes/Other Implemented: ORS 343.961 History: ODE 35-2014, f. & cert. ef. 6-27-14 ODE 15-2011, f. & cert. ef. 12-15-11 ODE 14-2009, f. & cert. ef. 12-10-09