reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2195 - Additional Parent Participation Requirements for IEP and Placement Meetings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Parent
			 Participation: School districts must take steps to ensure that one or both of
			 the parents of a child with a disability are present at each IEP or placement
			 meeting or are afforded the opportunity to participate, including:
(a) Notifying parents of the meeting early
			 enough to ensure that they will have an opportunity to attend; and
(b) Scheduling the meeting at a mutually
			 agreed on time and place.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2205 - IEP Team Considerations and Special Factors

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In developing, reviewing and revising the
			 child's IEP, the IEP team must consider:
(a)
			 The strengths of the child;
(b) The
			 concerns of the parents for enhancing the education of their child;
(c) The results of the initial or most recent
			 evaluation of the child; and
(d)
			 The academic, developmental, and functional needs of the child.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2210 - IEP Team

Current through Register Vol. 63, No. 7, July 1, 2024
(1) School
			 districts must ensure that the IEP Team for each child with a disability
			 includes the following participants:
(a) One
			 or both of the child's parents, except as provided in OAR
			 581-015-2195;
(b) The child where
			 appropriate;
(c) At least one
			 regular education teacher of the child, if the child is or may be participating
			 in the regular education environment, consistent with section (4) of this
			 rule;
(d) At least one special
			 education teacher of the child or, if appropriate, at least one special
			 education provider of the child;
(e) A representative of the school district,
			 who may also be another member of the team, who is:
(A) Qualified to provide, or supervise the
			 provision of, specially designed instruction;
(B) Knowledgeable about the general education
			 curriculum;
(C) Knowledgeable about
			 district resources; and
(D)
			 Authorized to commit district resources and ensure that services set out in the
			 IEP will be provided.
(f) An individual who can interpret the
			 instructional implications of the evaluation results (who may also be another
			 member of the team);
(g) Other
			 individuals, including related services personnel as appropriate, invited by:
(A) The parent, whom the parent determines to
			 have knowledge or special expertise regarding the child; or
(B) The school district, whom the school
			 district determines to have knowledge or special expertise regarding the child;
			 and
(h) Transition
			 services participants, as described in section (2) of this rule.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2215 - Oregon Standard IEP

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each
			 school district must use the Oregon Standard IEP form in the development,
			 review and revision of all IEPs, unless an alternate form is approved under
			 subsection (4).
(2) A school
			 district may use an alternate form in the development, review and revision of
			 IEPs if the Department approves the alternate form.
(3) Criteria for approval. The criteria for
			 approval of alternate forms includes, but is not limited to:
(a) Whether the alternate form meets the
			 requirements for the contents of an IEP under OARs 581-015-2200, 581-015-2205,
			 581-015-2330, and 581-015-2065; and
(b) Whether use of the alternate form will
			 reduce unnecessary or confusing paperwork.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2220 - When IEPs Must Be In Effect

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 General:
(a) At the beginning of each school
			 year, a school district must have in effect an IEP for each child with a
			 disability within the district's jurisdiction.
(b) School districts must provide special
			 education and related services to a child with a disability in accordance with
			 an IEP.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2225 - Review and Revision of IEPs

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2229 - Individualized COVID-19 Recovery Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For the purposes of this rule, eligible
			 students are defined as those students aged 3-21 who are eligible for and
			 receive special education services under the Individuals with Disabilities
			 Education Act.
(2) For the purposes
			 of this rule, Individualized COVID-19 Recovery Services are defined as those
			 services determined necessary for eligible students based on the unique needs
			 that arise from their disability due to the impact of the COVID-19 pandemic,
			 which may include but are not limited to:
(a)
			 Special education and related services;
(b) Supplementary aids and
			 services;
(c) Additional or
			 intensified instruction;
(d) Social
			 emotional learning support; and
(e)
			 Peer or adult support.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2230 - Transfer Students

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2235 - School District and Participating Agency Responsibilities for Transition Services

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  343.045,
				  343.055
Stats. Implemented: ORS
				  343.045,
				  343.155,
				  343.195,
				  34 CFR
				  300.324(c)
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2240 - Requirement for Least Restrictive Environment

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  343.041,
				  343.045 &
				  343.055
Stats. Implemented: ORS
				  343.045,
				  343.155 &
				  34 CFR 300.114
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2245 - Alternative Placements and Supplementary Aids and Services

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2250 - Placement of the Child

Current through Register Vol. 63, No. 7, July 1, 2024
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;
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2255 - Nonacademic Settings

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  343.041,
				  343.045 &
				  343.055
Stats. Implemented: ORS
				  343.045,
				  343.155 &
				  34 CFR
				  300.117
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2260 - Rights of Children with Disabilities in Private Schools Placed or Referred by Public Agencies

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  343.041,
				  343.045,
				  343.055
Stats. Implemented: ORS
				  343.221,
				  34 CFR
				  300.148
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2265 - Obligations of Public Agencies that Contract with Approved Private Schools

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For the
			 purposes of this rule, "public agency" means school districts and other public
			 agencies that contract to provide EI/ECSE or special education. Public agencies
			 may contract with private schools or preschools that are approved by the
			 Department as contractors for EI/ECSE or special education pursuant to OAR
			 581-015-2270 through 581-015-2280.
(2) For a child birth through age 21, the
			 public agency must fulfill all federal and state requirements relating to the
			 evaluation, IFSP or IEP development, and placement when determining whether the
			 child shall be placed in an approved private preschool for EI/ECSE services.
			 For children ages 3 through 21, the public agency also must determine whether
			 placement in an approved private school or preschool constitutes a free
			 appropriate public education in the least restrictive environment for each
			 child.
(3) A public agency that
			 proposes to place a child with a disability in an approved private school or
			 preschool must ensure that:
(a) The
			 school-aged child is a resident of the school district under Oregon
			 law;
(b) The child is eligible to
			 receive EI/ECSE or special education services.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2270 - Standards for Approval of Private Schools for School-age Children

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Applicability:
(a) This rule applies to private schools that
			 intend to provide special education and related services to school-age children
			 with disabilities who are placed in the school by a school district.
(b) This rule does not apply to educational
			 programs operated by public agencies at treatment centers under OAR
			 581-015-2570 to 581-015-2574.
(c)
			 This rule does not apply to private alternative schools registered under OAR
			 581-021-0072 if the contracting school district is providing the special
			 education and related services in the student's IEP.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2275 - Standards for Approval of Private Preschools

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Applicability:
(a) This rule applies to private preschools
			 that intend to provide a preschool setting, early intervention (EI) or early
			 childhood special education (ECSE) and related services, in accordance with an
			 individual family service plan IFSP to children with disabilities ages birth to
			 five placed in the preschool by the contractor or subcontractor.
(b) This rule does not apply to:
(A) Private preschools that include
			 kindergarten (which must apply for approval under OAR 581-015-2265);
(B) Public agencies providing educational
			 programs at treatment centers under OARs 581-015-2570 to
			 581-015-2574;
(C) Public programs
			 including preschools operated by school districts. Oregon Head Start
			 Prekindergarten, Head Start, Migrant Seasonal Head Start, Tribal Head Start,
			 Early Head Start, Migrant Education preschools, and Even Start Family Literacy
			 programs.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2280 - Process for Approval of Private School or Preschool as a Contractor with Public Agencies

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Initial
			 approval: A private school or private preschool applying for initial approval
			 may submit an application to the Department at any time pursuant to OAR
			 581-015-2270 and 581-015-2275, respectively. Within 30 calendar days of
			 receiving the application, the ODE will review the submitted materials and may
			 request additional documentation or clarification from the applicant to
			 complete the application. The ODE will issue a decision after receiving a
			 complete application. This decision will either grant or deny approval to
			 provide special education services to students with disabilities placed or
			 referred by public schools as per IDEA Sections 300.145-300.1471 as a private
			 alternative education facility.
(2)
			 Renewal:
(a) After a private school or
			 preschool receives initial approval of an application, the private school or
			 preschool must submit annual applications for renewal in accordance with OAR
			 581-015-2270 and 581-015-2275, respectively.
(b) To maintain continuous approval, a
			 private school must demonstrate ongoing compliance and reporting obligations as
			 well as submit evidence of updated insurance, fire, and health inspections with
			 their renewal application 30 days prior to the expiration date which is one
			 year from the initial approval date.
(c) The ODE will review the complete
			 application and compliance documentation then issue a decision to either grant
			 or deny a renewal approval to provide special education services by the
			 expiration date.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2285 - Suspension, Revocation or Refusal to Renew Approval

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  343.041,
				  343.045,
				  343.055
Stats. Implemented: ORS
				  343.055
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2290 - Appeal of Denial, Suspension, Revocation or Refusal to Renew Approval

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  343.041,
				  343.045,
				  343.055
Stats. Implemented: ORS
				  343.055
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2295 - Out-of-State Placements for Special Education

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2300 - Access to Student Education Records

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2305 - Independent Educational Evaluation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A parent of a child with a disability or
			 suspected disability has the right to an independent educational evaluation at
			 public expense if the parent disagrees with an evaluation obtained by the
			 school district.
(a) "Independent educational
			 evaluation" means an evaluation conducted by a qualified examiner who is not
			 employed by the school district responsible for the education of the
			 child.
(b) "Public expense" means
			 that the school district either pays for the full cost of the evaluation or
			 ensures that the evaluation is otherwise provided at no cost to the
			 parent.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2310 - Prior Written Notice

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2315 - Notice of Procedural Safeguards

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2320 - Surrogate Parents

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each public
			 agency must ensure that the rights of a child are protected by determining the
			 need for, and when appropriate assigning, a surrogate parent when no parent (as
			 defined in OAR 581-015-2000) with legal rights in respect to a student's
			 educational decision making can be identified or located after reasonable
			 efforts and additionally:
(a) The child is a
			 ward of the state and there is reasonable cause to believe that the child has a
			 disability; or
(b) The child is an
			 unaccompanied homeless youth.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2325 - Transfer of Procedural Rights at Age of Majority

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When a child with a disability reaches
			 the age of majority under ORS
			 109.510 or
			 109.520, or is emancipated
			 pursuant to ORS 419B.550 to
			 419B.558, the rights accorded to
			 the child's parents under the special education laws transfer to the child. A
			 student for whom rights have transferred is considered an "adult student" under
			 OAR 581-015-2000.
(2)
			 Notwithstanding section (1) of this rule:
(a)
			 Pursuant to a protective proceeding under ORS chapter 125, the Probate Court
			 may find the child to be incapacitated to make educational decisions and may
			 appoint a guardian to exercise these rights.
(b) Under ORS
			 419B.220 or
			 419C.220, the Juvenile Court may
			 appoint a surrogate parent to exercise these rights if the child is a ward of
			 the state.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2330 - Notice of Transfer of Rights at Majority

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2335 - Mediation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 offers mediation at no cost to the parties to resolve special education
			 disputes, including matters arising before the filing of a complaint or hearing
			 request.
(2) Mediation:
(a) Must be voluntary on the part of the
			 parties;
(b) Must not be used to
			 deny or delay a parent's right to a due process hearing under OAR 581-015-2345,
			 a complaint under OAR 581-015-2030 or other procedural safeguards;
			 and
(c) Must be conducted by a
			 qualified and impartial mediator who is trained in effective mediation
			 techniques.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2340 - Procedural Rules for Due Process Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2345 - Hearing Request and Response

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Request for Hearing
(a) Parent Requests for a
			 Due Process Hearing
(A) A parent may request
			 a due process hearing in accordance with subsection(3) if the parent does not
			 agree with the identification, evaluation, educational placement of a child, or
			 the provision of a free appropriate education to a child who may be
			 disabled.
(B) The parent, or the
			 attorney representing the child, must provide notice to the school district and
			 to the Department when requesting a hearing. The notice (which remains
			 confidential) must, include:
(i) The child's
			 name and address (or available contact information in the case of a homeless
			 child);
(ii) The name of the school
			 the child is attending;
(iii) A
			 description of the nature of the problem of the child relating to the proposed
			 or refused initiation or change, including facts relating to the problem;
			 and
(iv) A proposed resolution of
			 the problem to the extent known and available to the party at the
			 time.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2350 - Sufficiency of Hearing Request

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2355 - Resolution Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Resolution
			 meeting:
(a) Within 15 days of receiving a
			 parent's due process hearing request, the school district must hold a
			 resolution meeting with the parents and the relevant member or members of the
			 IEP team who have specific knowledge of the facts identified in the
			 complaint.
(b) The meeting:
(A) Must include a representative of the
			 school district who has decision-making authority on behalf of the school
			 district; and
(B) May not include
			 an attorney for the school district unless the parent is accompanied by an
			 attorney.
(c) The
			 purpose of the meeting is for the parent of the child to discuss the hearing
			 request, and the facts that form the basis of that request, so that the school
			 district has the opportunity to resolve the dispute that is the basis for the
			 due process hearing request.
(d)
			 This resolution meeting need not be held if:
(A) The parent and school district agree in
			 writing to waive the meeting; or
(B) The parent and school district agree to
			 use the mediation process.
(e) The parent and the school district
			 determine the relevant members of the IEP team to attend the meeting.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2360 - Pre-Hearing Conference, Notice of Hearing and Hearing Rights

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon receipt of
			 a written request by a parent or the school district for a hearing regarding
			 the identification, evaluation, individualized education program, educational
			 placement of the child or the provision of a free appropriate public education
			 to a child, the Superintendent will:
(a)
			 Appoint an administrative law judge, in accordance with OAR 581-015-2365, to
			 conduct the hearing.
(b) Provide
			 the parent with a copy of the Notice of Procedural Safeguards;
(c) Inform the parties that mediation is
			 available at no cost to the parents or school district; and
(d) Inform the parent of any free or low-cost
			 legal services and other relevant services.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2365 - Criteria for Administrative Law Judge

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An administrative law judge appointed to
			 conduct a hearing regarding the identification, evaluation, educational
			 placement of a child, or the provision of a free appropriate public education
			 to a child who may have a disability must:
(a)
			 Not be employed by the Department or a school district; and
(b) Not have a professional or personal
			 interest that would conflict with the person's objectivity in the
			 hearing.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2370 - Conduct of Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 hearing will be conducted by and under the control of the administrative law
			 judge appointed under 581-015-2360.
(2) At the discretion of the administrative
			 law judge, the hearing will be conducted in the following manner:
(a) Statement and evidence of the school
			 district in support of its action;
(b) Statement and evidence of the parents
			 disputing the school district action;
(c) Rebuttal testimony.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2375 - Decision of Administrative Law Judge

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The decision of the hearing officer in a
			 contested case will comply with ORS
			 343.167.
(2) The decision will be entered and mailed
			 to the parties not later than 45 days after the expiration of the resolution
			 period under OAR 581-015-2375 unless a specific extension has been granted by
			 the administrative law judge at the request of a party.
(3) A copy of the hearing decision will be
			 sent to the parent and school district accompanied by a statement describing
			 the method of appealing the decision.
(4) The Department will submit a copy of the
			 findings and hearing decision to the State Advisory Council for Special
			 Education or a subcommittee of the Council, and make the findings and decisions
			 available to the public, in such a manner so that personally identifiable
			 information will not be disclosed.
Stat. Auth.: ORS
				  343.041,
				  343.045,
				  343.055,
				  343.155,
				  343.165
Stats. Implemented: ORS
				  343.167,
				  34 CFR 300.513,
				  300.515
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2380 - Informal Disposition

Current through Register Vol. 63, No. 7, July 1, 2024
Nothing contained herein shall be construed to preclude any
				system of consultations or conferences with parents that is used by school
				districts with regard to identification, evaluation or educational placement of
				a child with a disability. Such conferences or consultations, however, shall
				not be held in lieu of a hearing requested under OAR 581-015-2345 if one is
				requested. A request for a hearing shall not preclude informal disposition of
				the matter by stipulation, agreed settlement or consent order.
Statutory/Other Authority: ORS
				  343.041,
				  343.045,
				  343.055 &
				  343.155
Statutes/Other Implemented: ORS
				  343.155
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2383 - Failure to Appear at a Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When a parent, having requested a
			 hearing, fails to appear at the specified time and place, the administrative
			 law judge must enter a decision which supports the school district
			 action.
(2) The decision supporting
			 the school district's action must set forth the material on which the action is
			 based, or the material must be attached to and made a part of the
			 decision.
Stat. Auth.: ORS
				  343.041,
				  343.045,
				  343.055,
				  343.155,
				  343.165
Stats. Implemented: ORS
				  343.155 &
				  343.165
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2385 - Hearing Costs

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Costs of the
			 Proceedings:
(a) The school district must
			 reimburse the Department for the costs related to conducting the hearing,
			 including pre-hearing conferences, scheduling arrangements, and other related
			 matters.
(b) The school district
			 must provide the parent with a written, or at the option of the parent, an
			 electronic verbatim recording of the hearing, within a reasonable time of the
			 close of the hearing.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2390 - Definitions for Hearings Under Section 504 of the Rehabilitation Act

Current through Register Vol. 63, No. 7, July 1, 2024
The following definitions apply to OAR 581-015-2395:
(1) "Student with a disability under Section
			 504" means any student who has a physical or mental impairment that
			 substantially limits one or more major life activities.
(2) As used in section (1) of this rule:
(a) "Physical or mental impairment" means any
			 physiological disorder or condition, cosmetic disfigurement, or anatomical loss
			 affecting one or more of the following body systems: Neurological;
			 musculoskeletal; special sense organs; respiratory, including speech organs;
			 cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic;
			 skin; endocrine; any mental or psychological disorder, such as intellectual
			 disability, organic brain syndrome, emotional or mental illness, and specific
			 learning disabilities;
(b) "Major
			 life activities" means functions such as caring for one's self, performing
			 manual tasks, walking, seeing, hearing, speaking, breathing, learning, and
			 working;
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2395 - Procedures for a Hearing under Section 504 of the Rehabilitation Act of 1973

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The parent or
			 guardian of a qualified student with a disability under section 504 may file a
			 written request for a hearing with the State Superintendent of Public
			 Instruction with respect to actions regarding the identification, evaluation,
			 provision of a free appropriate education, or education placement of the
			 student with the disability under Section 504, which the parent or guardian
			 alleges to be in violation of Section 504 of the Rehabilitation Act of 1973,
			 Public Law 93-112, or any amendment thereof. In such event, the Superintendent
			 will conduct a hearing.
(2) The
			 school district involved in the hearing is responsible for the costs of the
			 hearing.
(3) The prehearing and
			 hearing procedures in OAR 581-015-2340 through 581-015-2383 apply to hearings
			 conducted under Section 504 of the Rehabilitation Act.
(4) The parties are entitled to the
			 procedural rights under OAR 581-015-2360 with the exceptions of the stay-put
			 provision and the right to obtain at no cost a written or electronic verbatim
			 record of the hearing, both of which do not apply to a hearing under this
			 rule.
(5) Nothing in this rule is
			 meant to prevent the parties from also seeking due process remedies under the
			 Individuals with Disabilities Education Act as set forth in OAR 581-015-2340
			 through 581-015-2385.
Stat. Auth.: ORS 326,
				  343.055
Stats. Implemented: ORS
				  343.041
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2400 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For the purposes of OAR 581-015-2400 through 581-015-2445, the
				following definitions apply:
(1)
			 "Behavioral intervention plan" means an individualized plan, including positive
			 interventions, designed to assist a student to decrease inappropriate behavior
			 and increase or teach an alternative appropriate behavior.
(2) "Current educational placement" means the
			 type of educational placement of the child as described in the child's "annual
			 determination of placement" document at the time of the disciplinary removal.
			 It does not mean the specific location or school but the type of placement on
			 the continuum of placement options (e.g. regular classroom with support;
			 regular classroom with resource room support; special class; special school;
			 home instruction, etc.).
(3)
			 "Disciplinary removal" means suspension, expulsion, or other removal from
			 school for disciplinary reasons, including removals for mental health
			 examinations for students who threaten violence or harm in public schools under
			 ORS 339.250(4)(b)(C).
			 It does not include:
(a) Removals by other
			 agencies;
(b) Removals for public
			 health reasons (e.g. head lice, immunizations, communicable diseases,
			 etc.);
(c) In-school suspensions if
			 the child continues to have access to the general curriculum and to special
			 education and related services as described in the child's IEP, and continues
			 to participate with children without disabilities to the extent they would in
			 their current placement; or
(d) Bus
			 suspensions, unless the student's IEP includes transportation as a related
			 service, the district makes no alternative transportation arrangements for the
			 student, and the student does not attend school as a result of the bus
			 suspension.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2405 - Disciplinary Removals for Up to 10 School Days for Children with Disabilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) School
			 districts may remove a child with a disability who violates a code of student
			 conduct from the child's current educational placement to an appropriate
			 interim alternative educational setting, another setting, or suspension, for up
			 to ten school days in a school year to the same extent, and with the same
			 notice, as for children without disabilities. These removals are not considered
			 a change in placement.
(2) During
			 disciplinary removals described in section (1) of this rule:
(a) School districts are not required to
			 provide access to special education and the general curriculum unless students
			 without disabilities are provided access during this time.
(b) School districts are not required to
			 determine whether the child's behavior resulting in disciplinary removal is a
			 manifestation of the child's disability.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2410 - Additional Disciplinary Removals of Up to 10 School Days Each (No Pattern)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) School
			 districts may remove a child with a disability who violates a code of student
			 conduct from the child's current educational placement to an appropriate
			 interim alternative educational setting, another setting, or suspension for
			 additional periods of up to ten school days in a school year to the same
			 extent, and with the same notice, as for children without disabilities, if the
			 removals do not constitute a pattern under section (2) of this rule. These
			 removals are not considered a change in placement.
(2) School personnel must determine, on a
			 case-by-case basis, whether the series of removals constitute a pattern:
(a) Because the child's behavior is
			 substantially similar to the child's behavior in previous incidents that
			 resulted in the series of removals; and
(b) Because of such additional factors as the
			 length of each removal, the total amount of time the child has been removed,
			 and the proximity of removals to one another.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2415 - Disciplinary Removals of More than 10 School Days (Pattern or Consecutive)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A disciplinary
			 removal is considered a change in educational placement and the school district
			 must follow special education due process procedures if:
(a) The removal will be for more than 10
			 consecutive school days (e.g. expulsion); or
(b) The child will be removed for more than
			 10 cumulative school days from their current educational placement in a school
			 year, and those removals constitute a pattern under OAR
			 581-015-2410(2).
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2420 - Manifestation Determination

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In
			 determining whether the child's behavior is a manifestation of the child's
			 disability, the school district, the parent, and relevant members of the IEP
			 team (as determined by the parent and the district) must review all relevant
			 information in the student's file, including the child's IEP, any teacher
			 observations, and any relevant information provided by the parents to
			 determine:
(a) If the conduct in question was
			 caused by, or had a direct and substantial relationship to, the child's
			 disability; or
(b) If the conduct
			 in question was the direct result of the school district's failure to implement
			 the IEP.