justicedao/ipfs_state_laws huggingface dataset:
581-015-2010 Census and Data Reporting (1) Each school district must report to the Department all children with disabilities, for whom the district has responsibility for FAPE, who have been identified, located and evaluated and are receiving early intervention, early childhood special education or special education from a public or private educational program on December 1 of each school year. (2) Charter School Students. Each school district in which a charter school is located reports children with disabilities enrolled in the charter schools located in the district and receiving services described in (1), regardless of parental residency. Residency for children enrolled in charter schools is determined in accordance with ORS Chapter 338. (3) If no children have been identified, located, and evaluated as being disabled, school districts must report this fact. (4) Private School Students. Each school district must conduct an annual count of the number of private school children as follows: (a) On October 1 of each year, each school district must count all children attending private schools located within the boundaries of the district. (b) On December 1 of each year, each school district must count all parentally placed children with disabilities attending non-profit private schools located within the boundaries of the district, in accordance with OAR 581-015-2475, whether or not these children are receiving equitable special education services as described in OAR 581-015-2460. (5) School districts must report to the Department additional data as required by the Department for the preparation of reports to federal or state agencies. The Department will notify school districts of additional data needed to meet the requirements of federal or state law and the applicable reporting dates. Statutory/Other Authority: ORS 343.041, 343.045 & 343.055; Statutes/Other Implemented: ORS 343.155, 34 CFR 300.137 & 139 History: ODE 12-2015, f. & cert. ef. 7-15-15 Reverted to ODE 8-2012, f. & cert. ef. 2-17-12 ODE 38-2014(Temp), f. & cert. ef. 9-3-14 thru 3-2-15 ODE 8-2012, f. & cert. ef. 2-17-12 ODE 10-2011(Temp), f. & cert. ef. 8-23-11 thru 2-19-12 Renumbered from 581-015-0038, ODE 10-2007, f. & cert. ef. 4-25-07 ODE 2-2000, f. & cert. ef. 2-1-00
581-015-2020 Recovery of Funds for Misclassified Children (1) School districts must ensure that children identified on the special education child count under Part B of the Individuals with Disabilities Education Act are limited to eligible children. (2) For purposes of this rule, an "eligible child" means a child aged three through school-age who: (a) Is determined to be a child with a disability under OAR 581-015-2130 to 581-015-2180; (b) Has a current IEP or IFSP that provides for special education and related services that is being implemented; and (c) Is receiving a free appropriate public education. (3) For the purposes of this rule, an "ineligible child" means a child for whom one or more of the requirements in subsection (2) is not met. (4) The Department may recover funds for ineligible children included on a district's special education child count. Statutory/Other Authority: ORS 343.041 & 343.055 Statutes/Other Implemented: ORS 343.243 History: Renumbered from 581-015-0049, ODE 10-2007, f. & cert. ef. 4-25-07 ODE 2-2003, f. & cert. ef. 3-10-03 1EB 269, f. & ef. 12-22-77
581-015-2025 Advanced Payment to School Districts for Special Education Programs (1) In accordance with ORS 343.670, the Department may make advance payments to a school district or education service district that operates a special education program approved by the State Superintendent of Public Instruction. (2) Advance payments paid by the Oregon Department of Education to the school or education service district will be made quarterly. (3) The first three advance payments will be calculated either upon the district's reimbursement for the prior year or the district's estimated costs for special education for the coming school year, at the discretion of the Department. (4) The fourth payment will be based upon the district's approved reimbursement for the current claim less the three advance payments. (5) In no event will the fourth payment be remitted until the Department has completed the final auditing of a district's claim. Statutory/Other Authority: ORS 343.041 & 343.055 Statutes/Other Implemented: ORS 343.670 History: Renumbered from 581-015-0057, ODE 10-2007, f. & cert. ef. 4-25-07 ODE 2-2003, f. & cert. ef. 3-10-03 1EB 14-1979, f. 10-4-79, ef. 10-5-79 1EB 269, f. & ef. 12-22-77
581-015-2035 Minimum Standards for Sign Language Interpreters Serving Students in Public Schools (1) Definitions. For purposes of this rule, the following definitions shall apply: (a) “CI” means Certificate of Interpretation issued by RID. (b) “CT” means Certificate of Transliteration issued by RID. (c) “EI/ECSE” means Early Intervention and Early Childhood Special Education. (d) “EIPA” means the Educational Interpreter Performance Assessment®, including both the written and performance components. (e) “NIC” means the National Interpreter Certification by RID. (f) “Public School” means a public agency or school district or as defined in OAR 581-015-2000. (g) “RID” means Registry of Interpreters for the Deaf Inc. (h) “Sign Language Interpreter” means a person who provides educational interpreting services to students with hearing impairments. (i) “Student” means a student with a hearing impairment who is: (A) Eligible for EI/ECSE or special education services under OAR 581-015-2150; or (B) A qualified student with a disability under Section 504 as defined in OAR 581-015-2390. (2) Minimum Standard. A public school may employ or contract for the services of a sign language interpreter for a student only if the sign language interpreter meets the following minimum standards: (a) The sign language interpreter must achieve a passing score of 3.5 or above on the EIPA Performance Test or hold RID NIC, CI or CT Certification; and (b)(A) Hold a Bachelor’s or Associate’s Degree from an Interpreter Education Program or in a related educational field; or (B) Achieve a passing score on the EIPA Written test. Statutory/Other Authority: ORS 185.225 & ORS 343.041 Statutes/Other Implemented: ORS 185.110 & ORS 185.225 History: ODE 17-2025, amend filed 03/14/2025, effective 03/14/2025 ODE 44-2024, temporary amend filed 09/19/2024, effective 09/19/2024 through 03/17/2025 ODE 33-2024, amend filed 06/14/2024, effective 06/14/2024 ODE 11-2008, f. & cert. ef. 4-21-08
581-015-2040 Free Appropriate Public Education (FAPE) and Age Ranges (1) Except as provided in OAR 581-015-2045, school districts must provide a free appropriate public education all school-age children with disabilities for whom the district is responsible pursuant to ORS 338, ORS 339, OAR 581-021-0019, or open enrollment under section 9, chapter 718, Oregon Laws 2011, "School-age children" are children who have reached five years of age but have not yet reached 21 years of age on or before September 1 of the current school year. (2) An otherwise eligible person whose 21st birthday occurs during the school year is eligible for FAPE for the remainder of the school year. (3) The requirements of this rule also apply to children with disabilities who have been suspended or expelled from school in accordance with OAR 581-015-2410 to 581-015-2440. Statutory/Other Authority: ORS 343.055 Statutes/Other Implemented: ORS 338.165, 343.041, 339.115 & 34 CFR 300.101 History: ODE 12-2015, f. & cert. ef. 7-15-15 Reverted to ODE 8-2012, f. & cert. ef. 2-17-12 ODE 38-2014(Temp), f. & cert. ef. 9-3-14 thru 3-2-15 ODE 8-2012, f. & cert. ef. 2-17-12 ODE 10-2011(Temp), f. & cert. ef. 8-23-11 thru 2-19-12 Renumbered from 581-015-0600, ODE 10-2007, f. & cert. ef. 4-25-07 ODE 3-2000, f. & cert. ef. 2-1-00
581-015-2045 Age Limitations and Exceptions to FAPE (1) A district must admit an otherwise eligible student who has not yet reached 21 years of age on or before September 1 of the current school year. (2) A student who receives a regular high school diploma is no longer entitled to FAPE. A regular education diploma does not include an alternative degree that is not fully aligned with the state’s academic standards, such as a certificate or general educational development credential (GED). (3) If a school district chooses to provide special education to a student with a regular high school diploma, that student remains eligible for FAPE. (4) The obligation to make a FAPE available to individuals with disabilities 18 through 21 years old who have been convicted as adults and are incarcerated in an adult correctional facility applies only to those individuals who, in their last educational placement before their incarceration in the adult correctional facility: (a) Were identified as being a child with a disability as defined in OAR 581-015-2000(4); or (b) Had an individualized education program. (5) For purposes of subsection (4) of this rule, (a) "Adult correctional facility" means: (A) A local correctional facility as defined ORS 169.005; (B) A regional correctional facility as defined in ORS 169.620; or (C) A Department of Corrections institution as defined in ORS 421.005; (b) "Identified as being a child with a disability" means has been determined eligible or was involved in the process of determining the individual's disability and eligibility for special education and related services under OAR 581-015-2130 to 581-015-2180; and (c) "Last educational placement" includes juvenile correctional facilities. Statutory/Other Authority: ORS 343.055 Statutes/Other Implemented: ORS 339.115 & 34 CFR 300.102 History: ODE 19-2020, temporary amend filed 04/23/2020, effective 04/23/2020 through 10/19/2020 Renumbered from 581-015-0601, ODE 10-2007, f. & cert. ef. 4-25-07 ODE 2-2003, f. & cert. ef. 3-10-03 ODE 3-2000, f. & cert. ef. 2-1-00
581-015-2050 Graduation (1) Graduation with a regular high school diploma under OAR 581-022-2000 constitutes a change in placement, requiring written prior notice in accordance with OAR 581-015-2310. (2) A school district is not required to conduct a reevaluation before terminating eligibility due to graduation with a regular high school diploma. (3) In accordance with OAR 581-022-2000, a school district may award an alternative document as described in local school board policies to a student with a disability. Graduation with an alternative document does not terminate eligibility under OAR 581-015-2045(2), require an evaluation. or require written prior notice. Statutory/Other Authority: ORS 343.055 Statutes/Other Implemented: ORS 339.115 & 343.295 History: ODE 28-2019, minor correction filed 08/07/2019, effective 08/07/2019 Renumbered from 581-015-0602, ODE 10-2007, f. & cert. ef. 4-25-07 ODE 3-2000, f. & cert. ef. 2-1-00
581-015-2055 Assistive Technology (1) School districts must ensure that assistive technology devices or assistive technology services, or both, are made available to a child with a disability if required as a part of the child's special education, related services or supplementary aids and services. (2) On a case-by-case basis, the use of school-purchased assistive technology devices in a child's home or in other settings is required if the child's IEP team determines that the child needs access to those devices to receive a free appropriate public education. (3) School district policies govern liability, if any, for the loss or damage of assistive technology devices. (4) School district policies govern transfer of an assistive technology device when a child with a disability using the device ceases to attend school in the district that purchased the device. "Transfer" means the process by which a school district that has purchased an assistive technology device may sell, lease or loan the device for the continuing use of a child with a disability who is ceasing to attend school in the district. Statutory/Other Authority: ORS 343.041, 343.045 & 343.223 Statutes/Other Implemented: ORS 343.045, 343.223 & 34 CFR 300.105 History: Renumbered from 581-015-0560, ODE 10-2007, f. & cert. ef. 4-25-07 ODE 34-1999, f. 12-13-99, cert. ef. 12-14-99
581-015-2060 Accessible Materials (1) School districts must ensure the timely provision of print instructional materials, including textbooks, that comply with the National Instructional Materials Accessibility Standards (NIMAS) for students who are blind or print disabled, in accordance with OAR 581-022-2355. (2) School districts must ensure the timely provision of instructional materials in accessible formats to children who need instructional materials in accessible formats, including those who are not blind or print disabled. Statutory/Other Authority: ORS 343.041 & 343.045 Statutes/Other Implemented: ORS 343.045 & 34 CFR 300.172 History: ODE 29-2019, minor correction filed 08/07/2019, effective 08/07/2019 ODE 10-2007, f. & cert. ef. 4-25-07
581-015-2065 Extended School Year Services (1) School districts must ensure that extended school year services are available as necessary to provide a free appropriate public education to a child with a disability. (2) Extended school year services must be provided only if the child's IEP team determines, on an individual basis, that the services are necessary for the provision of free appropriate public education to the child. (3) A school district may not: (a) Limit extended school year services to particular categories of disability; or (b) Unilaterally limit the type, amount, or duration of those services. (4) The purpose of extended school year services is the maintenance of the child's learning skills or behavior, not the teaching of new skills or behaviors. (5) School districts must develop criteria for determining the need for extended school year services. Criteria must include regression and recoupment time based on documented evidence or, if no documented evidence, on predictions according to the professional judgment of the team. (6) For the purposes of section (5) of this rule: (a) "Regression" means significant loss of skills or behaviors in any area specified on the IEP as a result of an interruption in education services; (b) "Recoupment" means the recovery of skills or behaviors specified on the IEP to a level demonstrated before the interruption of education services. (7) For the purposes of this rule, "extended school year services" means special education and related services that: (a) Are provided to a child with a disability: (A) Beyond the normal school year of the school district; (B) In accordance with the child's IEP; and (C) At no cost to the parents of the child; and (b) Meet the standards of the Department. Statutory/Other Authority: ORS 343.055 & 343.151 Statutes/Other Implemented: ORS 343.151 & 34 CFR 300.106 History: Renumbered from 581-015-0605, ODE 10-2007, f. & cert. ef. 4-25-07 ODE 3-2000, f. & cert. ef. 2-1-00
581-015-2070 Nonacademic Services (1) School districts must take steps, including the provision of supplementary aids and services determined appropriate and necessary by the child’s IEP team, to provide nonacademic and extracurricular services and activities in a manner to afford children with disabilities an equal opportunity for participation in those services and activities. (2) Nonacademic and extracurricular services and activities may include meals, recess periods, counseling services, athletics, transportation, health services, recreational activities, special interest groups or clubs sponsored by the school district, referrals to agencies that provide assistance to individuals with disabilities, and employment of students, including both employment by the school district and assistance in making outside employment available. Statutory/Other Authority: ORS 343.041, 343.045 & 343.055 Statutes/Other Implemented: ORS 343.045 & 34 CFR 300.107 History: Renumbered from 581-015-0062, ODE 10-2007, f. & cert. ef. 4-25-07 ODE 9-2004, f. & cert. ef. 7-9-04 ODE 8-2004(Temp), f. & cert. ef. 5-11-04 thru 10-15-04 ODE 2-2003, f. & cert. ef. 3-10-03 ODE 31-1999, f. 12-13-99, cert. ef. 12-14-99 EB 11-1995, f. & cert. ef. 5-25-95 1EB 269, f. & ef. 12-22-77
581-015-2080 Child Find (1) The requirements of this rule apply to all children unless they are no longer entitled to a free appropriate public education under OAR 581-015-2040–581-015-2050. (2) Pursuant to ORS 338, 339, OAR 581-021-0019, or open enrollment under section 9, chapter 718, Oregon Laws 2011school districts must identify, locate and evaluate all children with disabilities for whom they are responsible, regardless of the severity of the disability, who are in need of early intervention, early childhood special education, or special education services, including: (a) Highly mobile children with disabilities (such as migrant and homeless children), (b) Children who are wards of the state; (c) Indian preschool children who reside on reservations; (d) Children who are suspected of having a disability even though they are advancing from grade to grade; (e) Children enrolled in public charter schools; (f) Children who are home schooled; (g) Children below the age of compulsory school attendance who are not enrolled in a public or private school program; and (h) Children above the age of compulsory school attendance who have not graduated with a regular high school diploma; and (i) Children attending private schools, pursuant to OAR 581-015-2085. (3) For purposes of this rule, residency is determined in accordance with ORS Chapter 339, except for children enrolled in charter schools. Residency for children enrolled in charter schools is determined in accordance with ORS Chapter 338. The district in which the charter school is located is responsible for child find for students enrolled in the charter school regardless of parental resident district. (4) The district in which the private school is located is responsible for conducting child find activities for all children enrolled in the private school, in accordance with OAR 581-015-2085, regardless of parental resident district. Statutory/Other Authority: ORS 343.041, 343.045 & 343.157 Statutes/Other Implemented: ORS 343.045, 343.157, 34 CFR 300.111, 34 CFR 303.302 & 34 CFR 301 History: ODE 12-2015, f. & cert. ef. 7-15-15 Reverted to ODE 14-2012, f. 3-30-12, cert. ef. 4-2-12 ODE 38-2014(Temp), f. & cert. ef. 9-3-14 thru 3-2-15 ODE 14-2012, f. 3-30-12, cert. ef. 4-2-12 ODE 8-2012, f. & cert. ef. 2-17-12 ODE 10-2011(Temp), f. & cert. ef. 8-23-11 thru 2-19-12 Renumbered from 581-015-0037, ODE 10-2007, f. & cert. ef. 4-25-07 ODE 2-2003, f. & cert. ef. 3-10-03 ODE 16-2000, f. & cert. ef. 5-23-00 EB 11-1995, f. & cert. ef. 5-25-95 1EB 14-1983, f. 11-23-83, ef. 11-25-83 1EB 269, f. & ef. 12-22-77
581-015-2085 Child Find for Children Attending Private Schools (1) Each school district must locate, identify and evaluate all children with disabilities who are enrolled by their parents in private, including religious, elementary and secondary schools located within the boundaries of the school district. (2) The child find process for parentally-placed private school children must be designed to ensure the equitable participation of parentally-placed private school children with disabilities and an accurate count of such children. (3) The school district’s child find activities for parentally-placed private school children must be similar to, and completed within a comparable time period, to child find activities for public school children with disabilities. (4) The cost of implementing child find activities, including individual evaluations, may not be considered in determining whether a school district has met its obligations to spend a proportionate share under OAR 581-015-2470. (5) These child find requirements apply to all parentally-placed private school children, including those children who are residents of another state. (b) Each school district must consult with appropriate representatives of private school children with disabilities on how to carry out these activities, in accordance with OAR 581-015-2480. Statutory/Other Authority: ORS 343.041, 343.045 & 343.157 Statutes/Other Implemented: ORS 343.045, 343.157 & 34 CFR 300.131 History: ODE 10-2007, f. & cert. ef. 4-25-07
581-015-2095 Exceptions to Consent (1) Written parent or adult student 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 IEP as a measure for determining progress; or (d) Conducting a screening of a student by a teacher or specialist to determine appropriate instructional strategies for curriculum implementation. (2) Consent for initial evaluation for wards of the state: 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) If, after reasonable efforts to obtain parent consent, the parent does not respond, the school district may conduct a reevaluation without consent, unless the reevaluation is an individual intelligence test or test of personality. "Reasonable efforts" means that the school district has used procedures consistent with OAR 581-015-2195(3). (4) Written 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 a free appropriate public education. Statutory/Other Authority: ORS 343.041, 343.045, 343.055 & 343.164; Statutes/Other Implemented: ORS 343.155, 343.164, 34 CFR 300.300 & 300.302 History: Renumbered from 581-015-0042, ODE 10-2007, f. & cert. ef. 4-25-07 ODE 2-2003, f. & cert. ef. 3-10-03 ODE 16-1999, f. & cert. ef. 9-24-99
581-015-2100 Responsibility for Evaluation and Eligibility Determination (1) For school-age children, school districts and juvenile and adult corrections education programs are the public agencies responsible for evaluating children and determining their eligibility for special education services. (2) For preschool children, (a) School districts are responsible for the eligibility evaluations of children for EI/ECSE services. (b) Designated referral and evaluation agencies are responsible for determining the eligibility of children for EI/ECSE services. (c) EI/ECSE programs are responsible for conducting any necessary evaluations other than for eligibility determination. Statutory/Other Authority: ORS 343.041, 343.045, 343.055 & 343.157 Statutes/Other Implemented: ORS 343.055 & 343.157 History: Renumbered from 581-015-0700, ODE 10-2007, f. & cert. ef. 4-25-07 ODE 12-2000, f. 5-3-00, cert. ef. 5-3-00