justicedao/ipfs_state_laws huggingface dataset:
581-015-2580 School Programs in State-Operated Hospitals (1) For purposes of this rule: (a) "Patient" means a school age child who is admitted to a state-operated hospital; (b) "School district" means: (A) The school district in which the state-operated hospital or training centers is located; (B) A school district adjacent to the school district in which the state-operated hospital or training center is located; or (C) The education service district in which the program is located or one contiguous thereto. (2) All patients admitted to state operated hospitals are eligible to receive educational services. (3) Educational services in state operated hospitals must commence if a patient's hospital stay is expected to last five schools days or longer and the hospital staff has determined the patient is medically able to receive educational services. (4) The school district contracting to provide the education program shall develop or implement an existing individualized education program that meets all applicable state and federal requirements for patients who meet eligibility criteria under OAR 581-015-2130 through 581-015-2180:. (5) The primary purpose of the school program for patients in state-operated hospitals is to maintain the patients' educational programs. (6) The hospital must: (a) Provide classroom space and facilities necessary to carry out the educational program for each patient; (b) Coordinate with the school program in developing each patient's educational and medical treatment needs; and (c) Assume responsibility for the transportation, care, treatment, and medical costs of each patient. (7) All teachers in hospital programs must have appropriate teacher licensure under rules of the Teacher Standards and Practices Commission. (8) The Department will monitor each program for compliance with applicable state and federal requirements. (9) The State Superintendent of Public Instruction will ensure that the school district contracting to provide the educational program meets the following requirements: (a) The program is operated under a written agreement with the Department of Education; (b) Each child without a disability has a personalized educational plan that includes goals, services, timelines, and assessment of progress. (c) Information pertaining to the educational programs is provided to the Department in an accurate and timely manner; (d) The educational program is developed and implemented in conjunction with the medical treatment program. Statutory/Other Authority: ORS 343.261 Statutes/Other Implemented: ORS 343.261 History: ODE 28-2022, amend filed 05/24/2022, effective 05/24/2022 ODE 12-2022, temporary amend filed 01/28/2022, effective 01/28/2022 through 07/26/2022 ODE 26-2008, f. 10-23-08, cert. ef. 10-24-08 Renumbered from 581-015-0016, ODE 10-2007, f. & cert. ef. 4-25-07 ODE 2-2003, f. & cert. ef. 3-10-03 EB 15-1990, f. & cert. ef. 4-5-90 EB 28-1987, f. & ef. 11-19-87
581-015-2590 Required Days of Instruction for JDEP and YCEP The Department will schedule and provide an annual school year consisting of a minimum 220 days of actual classroom instruction (time students are present for a major portion of a scheduled school day, engaged in learning experiences related to Department goals and under guidance of teachers). Up to five days of temporary closure due to extraordinary conditions may be counted toward the 220 days, subject to the Superintendent's approval. Statutory/Other Authority: ORS 326.051 Statutes/Other Implemented: ORS 326.695-326.712 History: ODE 46-2022, minor correction filed 08/26/2022, effective 08/26/2022 ODE 45-2022, minor correction filed 08/25/2022, effective 08/25/2022 Renumbered from 581-015-0415, ODE 10-2007, f. & cert. ef. 4-25-07 EB 3-1997, f. & cert. ef. 4-25-97 1EB 255, f. & ef. 12-20-76
581-015-2600 Incarcerated Youth (1) In accordance with OAR 581-015-2045, the obligation to make a free appropriate public education available to all children with disabilities does not apply with respect to certain students aged 18 through 21 incarcerated in an adult correctional facility. (2) For students with disabilities who are convicted as adults, incarcerated in adult correctional facilities, and otherwise entitled to a free appropriate public education: (a) The following IEP requirements in OAR 581-015-2200 do not apply: (A) The requirements relating to participation of children with disabilities in statewide and school district assessments; and (B) The requirements relating to transition planning and transition services, with respect to the students whose eligibility will end, because of their age, before they will be eligible to be released from adult correctional facilities based on consideration of their sentence and eligibility for early release. (b) The IEP team may modify the student's IEP or placement if the State has demonstrated a bona fide security or compelling penological interest that cannot otherwise be accommodated. The requirements of OAR 581-015-2200 and 581-015-2240 do not apply with respect to these modifications. (3) For purposes of this rule, "adult correctional facility" has the meaning in OAR 581-015-2045. (4) Notwithstanding OAR 581-015-2190(6)(b), the public agency responsible for the special education of students in an adult correctional facility is not required to provide notice of meetings to the parent after rights transfer to the student pursuant to OAR 581-015-2325. Statutory/Other Authority: ORS 343.055; Statutes/Other Implemented: ORS 339.115 & 34 CFR 300.324(d) History: Renumbered from 581-015-0603, ODE 10-2007, f. & cert. ef. 4-25-07 ODE 3-2000, f. & cert. ef. 2-1-00
581-015-2605 Plans to Serve Students in Local or Regional Correctional Facilities A school district must have a plan, approved by the local school board, to provide or cause to be provided appropriate education for children placed in a local or regional correctional facility located in the school district. Statutory/Other Authority: ORS 343.055 Statutes/Other Implemented: ORS 339.129 History: Renumbered from 581-015-0604, ODE 10-2007, f. & cert. ef. 4-25-07 ODE 3-2000, f. & cert. ef. 2-1-00
581-015-2610 Standards for Home, Hospital, Institutional or Other Regularly Scheduled Instruction (1) School districts may provide home, hospital, institutional, or other regularly scheduled instruction to any eligible student with a disability. (2) Funding: School districts that provide home, hospital, institutional, or other regularly scheduled instruction under section (1) of this rule may claim state school funding under OAR 581-023-0100. (3) Criteria for Placement: School districts that propose to place a student with a disability in a home, hospital, institutional, or other regularly scheduled program must ensure that the following criteria are met: (a) The student must be enrolled as a resident student of the school district; (b) The home, hospital, institutional, or other regularly scheduled program must be appropriate to the unique educational needs of the student; (c) The student must meet the minimum criteria established by the State Board of Education for determining eligibility to receive special education as set forth in OAR 581-015-2130 through 581-015-2180:. Statutory/Other Authority: ORS 343.041, 343.045 & 343.055 Statutes/Other Implemented: ORS 343.261 History: Renumbered from 581-015-0015, ODE 10-2007, f. & cert. ef. 4-25-07 EB 11-1995, f. & cert. ef. 5-25-95 1EB 248, f. & cert. ef. 9-23-76, Renumbered from 581-022-0155 1EB 1 87, f. 3-6-75, cert. ef. 3-25-75
581-015-2705 Establishment of Service Areas (1) The Department establishes service areas for the provision of EI and ECSE to ensure the provision of services to preschool children with disabilities. (2) The service areas are designated by the Department and may include multiple counties. Statutory/Other Authority: ORS 343.475 Statutes/Other Implemented: ORS 343.475 & 343.495 History: Renumbered from 581-015-0910, ODE 10-2007, f. & cert. ef. 4-25-07 ODE 24-2000, f. & cert. ef. 10-16-00 EB 23-1992, f. & cert. ef. 6-23-92
581-015-2710 Selection of Contractor (1) The Department selects a contractor to provide administration and coordination of EI and ECSE in the selected service area. (2) The contractor will be selected using criteria developed by the Department which include: (a) Geographic location; (b) Previous experience in the administration of special education, early intervention, or related programs; and (c) Expressed willingness to administer the EI and ECSE program in their area in compliance with the applicable state and federal requirements. (3) The contractor will administer the EI and ECSE programs under a contract from the Department. The contract for administration will include requirements for the following: (a) Staffing expectations for the administration of the area program; (b) Necessary reports to the Department; (c) Development of an area service plan; (d) Fiscal responsibility for the administration of contractor funds and the distribution of funds to subcontractors; (e) Selection and monitoring of subcontractors including the designated referral and evaluation agency; (f) Coordination of technical assistance to EI and ECSE programs in the contractor's service area; (g) Assurances that written agreements exist between agencies to assure interagency coordination in each county of the designated service area; (h) Assurances that a continuum of alternative placements is available to meet the needs of preschool children with disabilities enrolled in ECSE; (i) Criteria for supervision of services provided by the contractor when no local subcontractor is available or appropriate; and (j) Such other requirements as are determined necessary by the Department to assure the provision of EI and ECSE services as authorized by ORS 343.465 to 343.534. (4) The contract will include timelines, criteria, and procedures to be used by the Department for withholding funds or terminating the contract for failure to comply with contract requirements. Statutory/Other Authority: ORS 343.475 Statutes/Other Implemented: ORS 343.465, 343.475 & 343.495 History: Renumbered from 581-015-0920, ODE 10-2007, f. & cert. ef. 4-25-07 ODE 24-2000, f. & cert. ef. 10-16-00 EB 23-1992, f. & cert. ef. 6-23-92
581-015-2712 Availability of Early Intervention Services Appropriate early intervention services are offered to eligible children as soon as possible consistent with scientifically based research, to the extent practicable, and are available to all infants and toddlers with disabilities and their families, including- (1) Indian infants and toddlers with disabilities and their families residing on a reservation geographically located in the State; and (2) Infants and toddlers with disabilities who are homeless and their families. Statutory/Other Authority: ORS 343.475 & 326.051 Statutes/Other Implemented: ORS 343.475 History: ODE 14-2012, f. 3-30-12, cert. ef. 4-2-12
581-015-2713 Central Directory The EI system shall include a central directory that is accessible to the general public (i.e. through the lead agency’s website and other appropriate means) which includes accurate, up-to-date information about- (1) Public and private early intervention services, resources, and experts available in the State; (2) Professional and other groups (including parent support, and training and information centers that provide assistance to infants and toddlers with disabilities eligible for EI services and their families); and (3) Research and demonstration projects being conducted in the State relating to infants and toddlers with disabilities. Statutory/Other Authority: ORS 326.051 Statutes/Other Implemented: ORS 343.475 & 34 CFR 303.117 History: ODE 14-2012, f. 3-30-12, cert. ef. 4-2-12
581-015-2715 Role of Local Interagency Coordinating Council (LICC) (1) Each contractor, in conjunction with subcontrator(s), must solicit the advice and assistance of the local interagency coordinating council (LICC) in each county within the contractor's service area, regarding: (a) Identification of service needs; (b) Coordination of services with other agency services; (c) Procedures for resolving local disputes; and (d) Development of local interagency agreements. (2) The recommendations from each LICC must be used by the contractor and subcontractor in developing a plan for services required by the Department. This plan will include components described in section (1) of this rule, and be presented in a format provided by the Department, and must include: (a) A written description of the process used in assisting each LICC in the development of their recommendations; (b) The contractor's and subcontractor's proposal for implementing the recommendations from the LICC in each county; (c) Recommendations from the LICC that the contractor and subcontractor(s) does not propose to implement, and the reason for that decision; and (d) A written description of the process used to resolve disagreements between the LICC and the contractor and subcontractor(s). (3) When there is unresolved conflict over the service plan, and recommendations from the LICC the Department will: (a) Investigate the conflict; and (b) Make the final decision regarding plan approval and implementation. (4) The contractor(s) must provide, within available funds, fiscal and other support for the LICC to perform the functions described in this rule. The LICC must submit an annual budget to the contractor(s) to demonstrate the use of the funds. (5) The LICC must collaborate with other agencies and programs in planning and implementing services for young children and their families in the local community. Statutory/Other Authority: ORS 343.475 Statutes/Other Implemented: ORS 343.475 & 343.507 History: Renumbered from 581-015-0930, ODE 10-2007, f. & cert. ef. 4-25-07 ODE 24-2000, f. & cert. ef. 10-16-00 EB 23-1992, f. & cert. ef. 6-23-92
581-015-2720 Census and Data Reporting – EI/ECSE Program Contractors and subcontractors must follow the rules and procedures in OAR 581-015-2010 for reporting to the Department all resident preschool children with disabilities with the following definition exception: "School district" means contractors or subcontractors. Statutory/Other Authority: ORS 343.475 Statutes/Other Implemented: ORS 343.475, 343.495 & 343.513 - 343.533 History: Renumbered from 581-015-1045, ODE 10-2007, f. & cert. ef. 4-25-07 ODE 24-2000, f. & cert. ef. 10-16-00
581-015-2725 Compliance Monitoring – EI/ECSE Program Contractors and subcontractors involved in the education of preschool children with disabilities will be monitored by the Department of Education on a regular basis as specified in Oregon's federally approved special education policies and procedures and Part C application to ensure compliance with the requirements of the Individuals with Disabilities Education Act, Oregon Revised Statutes, and Oregon Administrative Rules. Monitoring procedures may include program self-assessment, data collection, analysis and reporting, on-site visits, review of policies and procedures, review of the development and implementation of IFSPs, improvement planning, and auditing federal fund use. Statutory/Other Authority: ORS 343.041 & 343.475 Statutes/Other Implemented: ORS 343.475 History: Renumbered from 581-015-1110, ODE 10-2007, f. & cert. ef. 4-25-07 ODE 2-2003, f. & cert. ef. 3-10-03 ODE 24-2000, f. & cert. ef. 10-16-00 EB 4-1995, f. & cert. ef. 1-24-95
581-015-2730 Parent Consent for EI (1) The public agency must obtain written parental consent before conducting a screening, an initial evaluation or reevaluation. (2) Written parental consent must also be obtained before the provision of EI services described in the IFSP. The parents of a child eligible for EI services must determine whether they, their child, or other family members will accept or decline any EI services, and may decline such a service after first accepting it, without jeopardizing other EI services. If the parents do not provide consent for a particular EI service or withdraw consent after first providing it, that service will not be provided. The EI services for which parental consent is obtained will be provided. (3) If consent is not given, the public agency must make reasonable efforts to ensure that the parent: (a) Is fully aware of the nature of the evaluation and assessment or the services that would be available; and (b) Understands that the child will not receive the evaluation and assessment or services unless consent is given. Statutory/Other Authority: ORS 343.475 & 343.531 Statutes/Other Implemented: ORS 343.475, 343.531 & 34 CFR 303.420 (c) History: ODE 20-2019, amend filed 06/25/2019, effective 06/25/2019 ODE 14-2012, f. 3-30-12, cert. ef. 4-2-12 Renumbered from 581-015-0938, ODE 10-2007, f. & cert. ef. 4-25-07 ODE 1-2004, f. & cert. ef. 1-15-04 ODE 2-2003, f. & cert. ef. 3-10-03 ODE 24-2000, f. & cert. ef. 10-16-00 EB 4-1995, f. & cert. ef. 1-24-95
581-015-2740 Exceptions to Parental Consent — EI/ECSE Program (1) Parental consent is not required before: (a) Reviewing existing data as part of an evaluation or a reevaluation; (b) Administering a test or other evaluation that is administered to all children unless, before administration of that test or evaluation, consent is required of parents of all children; or (c) Conducting evaluation tests, procedures or instruments that are identified on a child's IFSP as a measure for determining progress; or (d) Conducting a screening of a child by an EI/ECSE specialist to determine appropriate instructional strategies for curriculum implementation. (2) Consent for initial evaluation for wards of the state (for children age three and above): If a child is a ward of the state and is not residing with the child’s parent, the public agency is not required to obtain informed written consent from the parent for an initial evaluation to determine whether the child is a child with a disability if: (a) Despite reasonable efforts to do so, the agency cannot discover the whereabouts of the parent of the child; (b) The rights of the parents of the child have been terminated in accordance with state law; or (c) The rights of the parent to make educational decisions have been subrogated by a judge in accordance with state law and consent for an initial evaluation has been given by an individual appointed by the judge to represent the child. (3) For children age three and above, if, after reasonable efforts to obtain parent consent, the parent does not respond, the contractor or subcontractor may conduct the reevaluation without consent, unless the reevaluation is an individual intelligence test or test of personality. (4) For the purposes of (3) of this rule, "reasonable efforts" means the contractor or subcontractor has used procedures consistent with OAR 581-015-2755(2)(b). (5) Parental consent is not required if an administrative law judge determines under OAR 581-015-2375 that the evaluation or reevaluation is necessary to ensure that the child is provided with appropriate EI services, or for children in ECSE, a free appropriate public education. Statutory/Other Authority: ORS 343.475 & 343.531 Statutes/Other Implemented: ORS 343.475, 343.531, 34 CFR 300.300 & 300.302 History: Renumbered from 581-015-0937, ODE 10-2007, f. & cert. ef. 4-25-07 ODE 2-2003, f. & cert. ef. 3-10-03 ODE 24-2000, f. & cert. ef. 10-16-00
581-015-2750 Parent Participation — General — EI/ECSE Program (1) For a child under age three, contractors or subcontractors must provide parents with an opportunity to participate in meetings with respect to the identification, evaluation, IFSP, placement of the child and the provision of appropriate EI services and transition to ECSE or other services. For IFSP meetings, contractors and subcontractors must also follow requirements of OAR 581-015-2755. (2) For a child age three and older, contractors or subcontractors must provide parents with an opportunity to participate in meetings with respect to the identification, evaluation, IFSP, placement of the child, the provision of a free appropriate public education and transition to school age or other services. For IFSP and placement meetings, contractors and subcontractors must also follow requirements of OAR 581-015-2755. (3) Contractors or subcontractors must provide parents and other participants with a written notice of the meeting sufficiently in advance to ensure that parents and others will have an opportunity to attend. The written notice must: (a) State the purpose, time and place of the meeting and who will attend; (b) Inform the parents that they or the agency may invite other individuals who they believe have knowledge or expertise regarding the child; (c) Inform the parents of a child age three or older that the team may proceed with the meeting even if the parent is not in attendance; and (d) Inform the parents of whom to contact before the meeting to provide information if they are unable to attend. (4) The contractor or subcontractor must take whatever action is necessary to ensure that the parents understand the proceedings at a meeting, including: (a) For a child under age three, conducting the meeting in the native language of the family or other mode of communication used by the family unless it is clearly not feasible to do so; and (b) For a child age three and over, arranging for an interpreter for parents who are deaf or whose native language is other than English. (5) A meeting does not include informal or unscheduled conversations involving public agency personnel and conversations on issues such as teaching methodology, instructional plans, or coordination of service provision if those issues are not addressed in the child's IFSP. A meeting also does not include preparatory activities that public agency personnel engage in to develop a proposal or response parent proposal that will be discussed at a later meeting. (6) Conducting a meeting without a parent in attendance: A meeting may be conducted without a parent in attendance if the public agency has given the parent notice under subsection (3) or, for IFSP or placement meetings, in accordance with OAR 581-015-2755. Statutory/Other Authority: ORS 343.475; Statutes/Other Implemented: ORS 343.475, 343.531 & 34 CFR 300.501 History: Renumbered from 581-015-0962, ODE 10-2007, f. & cert. ef. 4-25-07 ODE 1-2004, f. & cert. ef. 1-15-04 ODE 2-2003, f. & cert. ef. 3-10-03 ODE 8-2001, f. & cert. ef. 1-29-01 ODE 24-2000, f. & cert. ef. 10-16-00
581-015-2765 Independent Education Evaluation — ECSE (1) Any parent of a preschool child with disabilities three years of age through the age of eligibility for public school may request an independent education evaluation at the expense of: (a) The school district if the parent disagrees with an evaluation obtained by the school district; or (b) The contracting agency if the parent disagrees with an evaluation obtained by the contractor or subcontractor. (2) Agencies from (1)(a) and (b) of this rule must follow the procedures in OAR 581-015-2305 when responding to a parent request for an independent education evaluation. Statutory/Other Authority: ORS 343.475 & 343.531 Statutes/Other Implemented: ORS 343.475, 343.495, 343.531 & 34 CFR 300.502 History: Renumbered from 581-015-0962, ODE 10-2007, f. & cert. ef. 4-25-07 ODE 24-2000, f. & cert. ef. 10-16-00
581-015-2770 Confidentiality of Records for Preschool Children with Disabilities Contractors and subcontractors must follow the rules and procedures in OAR 581-015-2030 and 34 CFR 303.400 through 303.416 for confidentiality of records for preschool children with disabilities with the following exception: "School district" means contractors or subcontractors. Statutory/Other Authority: ORS 343.475 & 343.485 Statutes/Other Implemented: ORS 343.485 & 34 CFR 303.400–303.417 History: ODE 15-2012, f. 6-8-12, cert. ef. 6-11-12 ODE 13-2012(Temp), f. 3-30-12, cert. ef. 4-2-12 thru 9-1-12 Renumbered from 581-015-1010, ODE 10-2007, f. & cert. ef. 4-25-07 ODE 24-2000, f. & cert. ef. 10-16-00 EB 23-1992, f. & cert. ef. 6-23-92