justicedao/ipfs_state_laws huggingface dataset:
581-015-2225 Review and Revision of IEPs (1) Annual review: Each school district must ensure that the IEP Team reviews the child’s IEP periodically, but at least once every 365 days, to: (a) Determine whether the annual goals for the child are being achieved; and (b) Revise the IEP, as appropriate, to address: (A) Any lack of expected progress toward the annual goals described in OAR 581-015-2200 and in the general education curriculum, if appropriate; (B) The results of any reevaluation conducted under OAR 581-015-2105; (C) Information about the child provided to, or by, the parents; (D) The child's anticipated needs; or (E) Other matters. (2) Agreement to amend or modify IEP (a) In making changes to a child’s IEP between annual IEP Team meetings, the parent of a child with a disability and the school district may agree not to hold an IEP Team meeting to make these changes, and instead may develop a written document to amend or modify the child’s current IEP. (b) If changes are made to the child’s IEP in accordance with subsection (1), the district must ensure that the child’s IEP team is informed of these changes. (3) Amendments to IEP (a) Changes to the IEP may be made either by the entire IEP team at an IEP team meeting, or as provided in subsection (2) by amending the IEP rather than by redrafting the entire IEP. (b) Upon request, the parent must be provided with a revised copy of the IEP with the amendments incorporated. Statutory/Other Authority: ORS 343.041, 343.045, 343.055 & 343.151 Statutes/Other Implemented: ORS 343.151, 34 CFR 300.324(a)(4), (a)(5), (a)(6) & (b)(1) History: ODE 10-2007, f. & cert. ef. 4-25-07
581-015-2230 Transfer Students (1) In state: If a child with a disability (who had an IEP that was in effect in a previous school district in Oregon) transfers to a new district in Oregon, and enrolls in a new school within the same school year, the new school district (in consultation with the child’s parents) must provide a free appropriate public education to the child (including services comparable to those described in the child’s IEP from the previous district), until the new district either: (a) Adopts the child’s IEP from the previous school district; or (b) Develops, adopts and implements a new IEP for the child. (2) Out of state: If a child with a disability (who had an IEP that was in effect in a previous school district in another state) transfers to a new district in Oregon, and enrolls in a new school within the same school year, the new school district (in consultation with the child’s parents) must provide a free appropriate public education to the child (including services comparable to those described in the child’s IEP from the previous district), until the new district: (a) Conducts an initial evaluation (if determined necessary by the new district); and (b) Develops, adopts and implements a new IEP, if appropriate, that meets applicable requirements. Statutory/Other Authority: ORS 343.041, 343.045 & 343.055; Statutes/Other Implemented: ORS 343.045, 343.155 & 34 CFR 300.323 History: ODE 10-2007, f. & cert. ef. 4-25-07
581-015-2235 School District and Participating Agency Responsibilities for Transition Services (1) If a participating agency, other than the school district, fails to provide agreed-upon transition services described in the IEP of a student with a disability, the school district must, as soon as possible, initiate an IEP meeting to identify alternative strategies to meet the transition objectives for the student set out in the IEP and, if appropriate, to revise the student's IEP. (2) Nothing in this part relieves any participating agency, including a state vocational rehabilitation agency, of the responsibility to provide or pay for any transition service that the agency would otherwise provide to students with disabilities who meet the eligibility criteria of that agency. Statutory/Other Authority: ORS 343.045 & 343.055 Statutes/Other Implemented: ORS 343.045, 343.155, 343.195 & 34 CFR 300.324(c) History: Renumbered from 581-015-0070, ODE 10-2007, f. & cert. ef. 4-25-07 ODE 32-1999, f. 12-13-99, cert. ef. 12-14-99 EB 9-1993, f. & cert. ef. 3-25-93
581-015-2240 Requirement for Least Restrictive Environment School districts must ensure that: (1) To the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who do not have a disability and (2) Special classes, separate schooling or other removal of children with disabilities from the regular educational environment occurs only if the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily. Statutory/Other Authority: ORS 343.041, 343.045 & 343.055 Statutes/Other Implemented: ORS 343.045, 343.155 & 34 CFR 300.114 History: ODE 26-2008, f. 10-23-08, cert. ef. 10-24-08 Renumbered from 581-015-0059, ODE 10-2007, f. & cert. ef. 4-25-07 ODE 2-2003, f. & cert. ef. 3-10-03 EB 11-1995, f. & cert. ef. 5-25-95 1EB 269, f. & ef. 12-22-77
581-015-2245 Alternative Placements and Supplementary Aids and Services School districts must ensure that a continuum of alternative placements is available to meet the needs of children with disabilities for special education and related services. The continuum must: (1) Include as alternative placements, instruction in regular classes, special classes, special schools, home instruction and instruction in hospitals and institutions; (2) Make provision for supplementary aids and services (such as resource room or itinerant instruction) to be provided in conjunction with regular class placement; and (3) Not include sheltered workshops as defined in OAR 581-015-2000(34) and 407-025-0010(16) Statutory/Other Authority: ORS 343.041 & 343.045 & 343.055 Statutes/Other Implemented: ORS 343.045 & 343.155 & 34 CFR 300.115 History: ODE 30-2019, minor correction filed 08/07/2019, effective 08/07/2019 ODE 47-2014, f. & cert. ef. 12-17-14 ODE 41-2014(Temp), f. & cert. ef. 9-8-14 thru 3-7-15 ODE 29-2013, f. & cert. ef. 12-18-13 ODE 10-2007, f. & cert. ef. 4-25-07, Renumbered from 581-015-0060 ODE 31-1999, f. 12-13-99, cert. ef. 12-14-99 EB 11-1995, f. & cert. ef. 5-25-95 1EB 269, f. & cert. ef. 12-22-77
581-015-2250 Placement of the Child School districts must ensure that: (1) The educational placement of a child with a disability: (a) Is determined by a group of persons, including the parents, and other persons knowledgeable about the child, the meaning of the evaluation data, and the placement options; (b) Is made in conformity with the Least Restrictive Environment (LRE) provisions of OAR 581-015-2240 to 581-015-2255. (c) Is based on the child's current IEP; (d) Is determined at least once every 365 days; and (e) Is as close as possible to the child's home; (2) The alternative placements under OAR 581-015-2245 are available to the extent necessary to implement the IEP for each child with a disability; (3) Unless the child's IEP requires some other arrangement, the child is educated in the school that he or she would attend if not disabled; (4) In selecting the least restrictive environment, consideration is given to any potential harmful effect on the child or on the quality of services which he or she needs; and (5) A child with a disability is not removed from education in age-appropriate regular classrooms solely because of needed modifications in the general curriculum. Statutory/Other Authority: ORS 343.041 & 343.045 & 343.055 Statutes/Other Implemented: ORS 343.045 & 343.155, 34 CFR 300.116 & 300.327 History: Renumbered from 581-015-0061, ODE 10-2007, f. & cert. ef. 4-25-07 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
581-015-2255 Nonacademic Settings (1) In providing or arranging for the provision of nonacademic and extracurricular services and activities, including meals, recess periods, and the services and activities described in OAR 581-015-2070, each school district must ensure that each child with a disability participates with children who do not have a disability in the extracurricular services and activities to the maximum extent appropriate to the needs of that child. (2) School districts must ensure that each child with a disability has the supplementary aids and services determined by the child's IEP Team to be appropriate and necessary for the child to participate in nonacademic settings. Statutory/Other Authority: ORS 343.041, 343.045 & 343.055 Statutes/Other Implemented: ORS 343.045, 343.155 & 34 CFR 300.117 History: ODE 26-2008, f. 10-23-08, cert. ef. 10-24-08 ODE 10-2007, f. & cert. ef. 4-25-07
581-015-2260 Rights of Children with Disabilities in Private Schools Placed or Referred by Public Agencies Each public agency must ensure that a child with a disability who is placed in or referred to a private preschool, school or facility by the public agency as a means of providing early intervention/early childhood special education (EI/ECSE) or special education and related services: (1) Is provided EI/ECSE or special education and related services in conformance with an IEP or IFSP, and at no cost to the parents; (2) Is provided an education that meets the standards that apply to education provided by the public agency (except that private school teachers do not need to be highly qualified special education teachers); and (3) Has all of the rights of a child with a disability who is served by the public agency. Statutory/Other Authority: ORS 343.041, 343.045 & 343.055 Statutes/Other Implemented: ORS 343.221 & 34 CFR 300.148 History: Renumbered from 581-015-0701, ODE 10-2007, f. & cert. ef. 4-25-07 ODE 12-2000, f. 5-3-00, cert. ef. 5-3-00
581-015-2285 Suspension, Revocation or Refusal to Renew Approval The Department may suspend, revoke or refuse to renew its approval of a private school or preschool to contract with public agencies for the provision of early intervention, early childhood special education or special education services if: (1) The private school fails to maintain the approval standards in OAR 581-015-2270; (2) The private preschool fails to maintain the approval standards in OAR 581-015-2275; (3) The private school or preschool violates the rights of children with disabilities; or (4) The private school or preschool refuses to implement corrective actions ordered by the Department after completion of a special investigation. Statutory/Other Authority: ORS 343.041, 343.045 & 343.055 Statutes/Other Implemented: ORS 343.055 History: Renumbered from 581-015-0711, ODE 10-2007, f. & cert. ef. 4-25-07 ODE 18-2000, f. & cert. ef. 5-23-00
581-015-2290 Appeal of Denial, Suspension, Revocation or Refusal to Renew Approval A private school or preschool may appeal the Department's denial, suspension, revocation or refusal to renew approval of a private school or preschool to contract with public agencies for the provision of early intervention, early childhood special education or special education services by requesting a contested case hearing under the provisions of ORS 183.413 through 183.470. Statutory/Other Authority: ORS 343.041, 343.045 & 343.055 Statutes/Other Implemented: ORS 343.055 History: Renumbered from 581-015-0712, ODE 10-2007, f. & cert. ef. 4-25-07 ODE 18-2000, f. & cert. ef. 5-23-00
581-015-2295 Out-of-State Placements for Special Education (1) Any private educational institution located outside the state of Oregon which provides special education to Oregon students eligible for special education pursuant to a contract with an Oregon district, ESD, or the Oregon Department of Education must first be approved by the state education agency of the state in which the educational institution is located. (2) Documentation of such approval must be maintained by the district placing a child in an out-of-state program and made available to the Department upon request. (3) Contractual arrangements for out-of-state special education services may be made when: (a) It is determined that no appropriate in-state placement option is available; and (b) Such a placement is made after the development of an IEP as specified in OAR 581-015-2190 through 581-015-2225. (4) In the event the state does not have a formal, approved process, the school shall meet whatever requirements apply for private schools to serve publicly placed students in that state. Statutory/Other Authority: ORS 343.041 & 343.045 Statutes/Other Implemented: ORS 343.041 & 343.045 History: ODE 10-2007, f. & cert. ef. 4-25-07
581-015-2300 Access to Student Education Records (1) For purposes of ensuring the safeguards required for education records of children with disabilities, including early intervention and early childhood special education records, the Department adopts by reference the provisions of FERPA, 34 CFR 99.1 to 99.38, the IDEA, 34 CFR 300.610 to 34 CFR 300.627 and 34 CFR 303.401 through 303.411. (a) For children with disabilities under age three, references to a “student” in these rules means an infant or toddler with a disability. (b) For children with disabilities under age three, “student records” means EI records. (2) This provision includes all education records with respect to: (a) The identification, evaluation, and educational placement of the child; and (b) The provision of a free appropriate public education to the child. (3) The program, district, agency, or contractor must comply with a parent’s request to inspect and review records without unnecessary delay and provide copies of these records to the parent within the following timelines: (a) For children under age three, before any meeting regarding an IFSP, or any hearing pursuant to 303.430(d) and 303.435 through 303.340, and in no case more than 10 business days after the request has been made. (b) For children over the age of three, before any meeting regarding an IEP/IFSP, or any due process hearing, or resolution session related to a due process hearing, and in no case more than 10 business days after the request has been made. (4) Records may be redacted only to the extent necessary to protect personally identifiable information of other children unless disclosure is authorized by law or court order. Statutory/Other Authority: ORS 343.041 & ORS 343.155 Statutes/Other Implemented: ORS 343.155, ORS 343.173, 34 CFR 300.501 & 34 CFR 303.405(a) History: ODE 34-2024, amend filed 06/14/2024, effective 06/14/2024 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 581-015-0606, ODE 10-2007, f. & cert. ef. 4-25-07 ODE 6-2003, f. 4-29-03, cert. ef. 4-30-03 ODE 4-2000, f. & cert. ef. 2-1-00
581-015-2310 Prior Written Notice (1) For purposes of this rule, school district also means ECSE program and its contractors and subcontractors. (2) Prior written notice must be given to the parent of a child, and to the adult student after rights have transferred, within a reasonable period of time before a school district. (a) Proposes to initiate or change, the identification, evaluation, or educational placement of the child, or the provision of a free appropriate public education to the child; or (b) Refuses to initiate or change the identification, evaluation, or educational placement of the child or the provision of FAPE to the child. (3) The content of the prior written notice must include: (a) A description of the action proposed or refused by the school district; (b) An explanation of why the district proposes or refuses to take the action; (c) A description of each evaluation procedure, assessment, test, record, or report the school district used as a basis for the proposed or refused action; (d) A statement that the parents of a child with a disability have protection under the procedural safeguards and, if this notice is not an initial referral for evaluation, the means by which a copy of the Notice of Procedural Safeguards may be obtained; (e) Sources for parents to contact to obtain assistance in understanding their procedural safeguards. (f) A description of other options that the IEP Team considered and the reasons why those options were rejected; and (g) A description of other factors that are relevant to the agency’s proposal or refusal. (4) The prior notice must be: (a) Written in language understandable to the general public; and (b) Provided in the native language of the parent or other mode of communication used by the parent, unless it is clearly not feasible to do so. (5) If the native language or other mode of communication of the parent is not a written language, the school district must take steps to ensure that: (a) The notice is translated orally or by other means to the parent in the parent's native language or other mode of communication; (b) The parent understands the content of the notice; and (c) There is written evidence that the requirements in subsections (5)(a) and (b) of this rule have been met. Statutory/Other Authority: ORS 343.045 & 343.155 Statutes/Other Implemented: ORS 343.155, 343.159 & 34 CFR 300.503 History: 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 581-015-0075, 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 18-1999, f. & cert. ef. 9-24-99 EB 11-1995, f. & cert. ef. 5-25-95 EB 3-1990, f. & cert. ef. 1-26-90 EB 28-1989(Temp), f. & cert. ef. 10-16-89 1EB 5-1980, f. 2-22-80, ef. 2-23-80 1EB 18-1979(Temp), f. & ef. 11-15-79
581-015-2315 Notice of Procedural Safeguards (1) School districts must give parents a copy of the Notice of Procedural Safeguards at a minimum only one time per year, except that a copy must be given to the parents: (a) Upon initial referral or parent request for evaluation; (b) Upon request by a parent; and (c) Also to the child, at least a year before the child's 18th birthday. (2) The procedural safeguards notice must include all of the content provided in the Notice of Procedural Safeguards published by the Department in the following areas: (a) Independent educational evaluations; (b) Prior written notice; (c) Parental consent; (d) Access to educational records; (e) Mediation, complaints and due process hearings; (f) The child's placement during pendency of due process proceedings; (g) Procedures for students who are subject to placement in an interim alternative educational setting; (h) Requirements for unilateral placement by parents of children in private school at public expense; (i) Civil actions, including the time period for filing such actions; (j) Attorney's fees; and (k) Transfer of rights at age of majority. (3) The Notice of Procedural Safeguards must be written in language understandable to the general public. (4) The Notice of Procedural Safeguards must be provided in the native language of the parent or other mode of communication used by the parent, unless it is clearly not feasible to do so. (5) If the native language or other mode of communication of the parent is not a written language, the school district shall take steps to ensure: (a) That the notice is translated orally or by other means to the parent in his or her native language or other mode of communication; (b) That the parent understands the content of the notice; and (c) That there is written evidence that the district has met these requirements. Statutory/Other Authority: ORS 343.055 & 343.155 Statutes/Other Implemented: ORS 343.155 & 34 CFR 300.504 History: Renumbered from 581-015-0079, ODE 10-2007, f. & cert. ef. 4-25-07 ODE 2-2003, f. & cert. ef. 3-10-03 ODE 19-1999, f. & cert. ef. 9-24-99
581-015-2330 Notice of Transfer of Rights at Majority (1) The school district must provide notice to the child and the parent that rights will transfer at the age of majority. This notice must be provided at the IEP meeting and documented on the IEP: (a) At least one year before the child's 18th birthday; or (b) Upon actual knowledge that within a year the child will likely marry or become emancipated before age 18. (2) The school district must provide written notice to the child and to the parent at the time of the transfer of rights. Statutory/Other Authority: ORS 343.055 & 343.155 Statutes/Other Implemented: ORS 343.155, 343.181 & 34 CFR 300.520 History: Renumbered from 581-015-0102, ODE 10-2007, f. & cert. ef. 4-25-07 ODE 25-1999, f. & cert. ef. 9-24-99
581-015-2340 Procedural Rules for Due Process Hearings (1) Pursuant to an interagency agreement with the Office of Administrative Hearings, the Office of Administrative Hearings will assign administrative law judges to conduct special education due process hearings. (2) The Department of Justice’s model rules for administrative hearings, OAR 137-003-0501 through 137-003-0700, apply to the extent consistent with federal law and these division 15 regulations, except that: (a) The school district is required to provide any evidence without undue delay to: (A) A parent, if the parent requests the evidence; (B) The Department of Education, a court or an entity designated by the department or court, if the department, court or entity requests the evidence; or (C) A parent, the department, a court or an entity designated by the department or court if the evidence was provided to the school district’s attorney and is not subject to attorney-client privilege. (b) Any evidence provided to a parent, the department, a court or a designated entity of the department or court may be redacted only to the extent necessary to protect personally identifiable information of other students unless disclosure is authorized by law or court order. (3) The Department's interagency agreement with the Office of Administrative Hearings will identify delegations of authority and the application of the rules in this section. Statutory/Other Authority: ORS 343.041, ORS 343.045, ORS 343.055 & ORS 343.155 Statutes/Other Implemented: ORS 343.055 & ORS 343.155 History: ODE 34-2024, amend filed 06/14/2024, effective 06/14/2024 Renumbered from 581-015-0097, ODE 10-2007, f. & cert. ef. 4-25-07 ODE 2-2003, f. & cert. ef. 3-10-03
581-015-2350 Sufficiency of Hearing Request (1) A written request for hearing will be deemed sufficient unless the party receiving the request notifies the administrative law judge and the other party in writing, within 15 days of receipt of the hearing request, that the receiving party believes the notice does not meet the requirements of OAR 581-015-2345. (2) Within five days of receiving notice that a party is objecting to the sufficiency of the other party’s hearing notice, the administrative law judge must make a determination on the face of the hearing request of whether the hearing request meets the requirements of OAR 581-015-2345, and must immediately notify the parties in writing of that determination. (3) A party may amend its hearing request only if: (A) The other party consents in writing to the amendment and is given the opportunity to resolve the hearing request through a resolution meeting; or (B) The administrative law judge grants permission, except that this permission may only be granted at any time not later than five days before a due process hearing occurs. (4) If a party files an amended hearing request, the applicable timelines for the resolution session and resolution period begin again with the filing of the amended hearing request. Statutory/Other Authority: ORS 343.045, 343.055 & 343.155; Statutes/Other Implemented: ORS 343.165 & 34 CFR 300.508(d) History: ODE 10-2007, f. & cert. ef. 4-25-07