reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2600 - Incarcerated Youth

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In accordance
			 with OAR 581-015-2045, the obligation to make a free appropriate public
			 education available to all children with disabilities does not apply with
			 respect to certain students aged 18 through 21 incarcerated in an adult
			 correctional facility.
(2) For
			 students with disabilities who are convicted as adults, incarcerated in adult
			 correctional facilities, and otherwise entitled to a free appropriate public
			 education:
(a) The following IEP requirements
			 in OAR 581-015-2200 do not apply:
(A) The
			 requirements relating to participation of children with disabilities in
			 statewide and school district assessments; and
(B) The requirements relating to transition
			 planning and transition services, with respect to the students whose
			 eligibility will end, because of their age, before they will be eligible to be
			 released from adult correctional facilities based on consideration of their
			 sentence and eligibility for early release.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2605 - Plans to Serve Students in Local or Regional Correctional Facilities

Current through Register Vol. 63, No. 7, July 1, 2024
A school district must have a plan, approved by the local
				school board, to provide or cause to be provided appropriate education for
				children placed in a local or regional correctional facility located in the
				school district.
Stat. Auth.: ORS
				  343.055
Stats. Implemented: ORS
				  339.129
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2610 - Standards for Home, Hospital, Institutional or Other Regularly Scheduled Instruction

Current through Register Vol. 63, No. 7, July 1, 2024
(1) School
			 districts may provide home, hospital, institutional, or other regularly
			 scheduled instruction to any eligible student with a disability.
(2) Funding: School districts that provide
			 home, hospital, institutional, or other regularly scheduled instruction under
			 section (1) of this rule may claim state school funding under OAR
			 581-023-0100.
(3) Criteria for
			 Placement: School districts that propose to place a student with a disability
			 in a home, hospital, institutional, or other regularly scheduled program must
			 ensure that the following criteria are met:
(a) The student must be enrolled as a
			 resident student of the school district;
(b) The home, hospital, institutional, or
			 other regularly scheduled program must be appropriate to the unique educational
			 needs of the student;
(c) The
			 student must meet the minimum criteria established by the State Board of
			 Education for determining eligibility to receive special education as set forth
			 in OAR 581-015-2130 through 581-015-2180:.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2705 - Establishment of Service Areas

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department establishes service areas for the provision of EI and ECSE to ensure
			 the provision of services to preschool children with disabilities.
(2) The service areas are designated by the
			 Department and may include multiple counties.
Stat. Auth.: ORS
				  343.475
Stats. Implemented: ORS
				  343.475,
				  343.495
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2710 - Selection of Contractor

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department selects a contractor to provide administration and coordination of
			 EI and ECSE in the selected service area.
(2) The contractor will be selected using
			 criteria developed by the Department which include:
(a) Geographic location;
(b) Previous experience in the administration
			 of special education, early intervention, or related programs; and
(c) Expressed willingness to administer the
			 EI and ECSE program in their area in compliance with the applicable state and
			 federal requirements.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2712 - Availability of Early Intervention Services

Current through Register Vol. 63, No. 7, July 1, 2024
Appropriate early intervention services are offered to eligible
				children as soon as possible consistent with scientifically based research, to
				the extent practicable, and are available to all infants and toddlers with
				disabilities and their families, including:
(1) Indian infants and toddlers with
			 disabilities and their families residing on a reservation geographically
			 located in the State; and
(2)
			 Infants and toddlers with disabilities who are homeless and their
			 families.
Stat. Auth.: ORS
				  343.475,
				  326.051
Stats. Implemented: ORS
				  343.475
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2713 - Central Directory

Current through Register Vol. 63, No. 7, July 1, 2024
The EI system shall include a central directory that is
				accessible to the general public (i.e. through the lead agency's website and
				other appropriate means) which includes accurate, up-to-date information
				about-
(1) Public and private early
			 intervention services, resources, and experts available in the State;
(2) Professional and other groups (including
			 parent support, and training and information centers that provide assistance to
			 infants and toddlers with disabilities eligible for EI services and their
			 families); and
(3) Research and
			 demonstration projects being conducted in the State relating to infants and
			 toddlers with disabilities.
Stat. Auth.: ORS
				  326.051
Stats. Implemented: ORS
				  343.475,
				  34 CFR 303.117
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2715 - Role of Local Interagency Coordinating Council (LICC)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each contractor, in conjunction with
			 subcontrator(s), must solicit the advice and assistance of the local
			 interagency coordinating council (LICC) in each county within the contractor's
			 service area, regarding:
(a) Identification of
			 service needs;
(b) Coordination of
			 services with other agency services;
(c) Procedures for resolving local disputes;
			 and
(d) Development of local
			 interagency agreements.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2720 - Census and Data Reporting - EI/ECSE Program

Current through Register Vol. 63, No. 7, July 1, 2024
Contractors and subcontractors must follow the rules and
				procedures in OAR 581-015-2010 for reporting to the Department all resident
				preschool children with disabilities with the following definition exception:
				"School district" means contractors or subcontractors.
Stat. Auth.: ORS
				  343.475
Stats. Implemented: ORS
				  343.475,
				  343.495 &
				  343.513 -
				  343.533
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2725 - Compliance Monitoring - EI/ECSE Program

Current through Register Vol. 63, No. 7, July 1, 2024
Contractors and subcontractors involved in the education of
				preschool children with disabilities will be monitored by the Department of
				Education on a regular basis as specified in Oregon's federally approved
				special education policies and procedures and Part C application to ensure
				compliance with the requirements of the Individuals with Disabilities Education
				Act, Oregon Revised Statutes, and Oregon Administrative Rules. Monitoring
				procedures may include program self-assessment, data collection, analysis and
				reporting, on-site visits, review of policies and procedures, review of the
				development and implementation of IFSPs, improvement planning, and auditing
				federal fund use.
Stat. Auth.: ORS
				  343.041,
				  343.475
Stats. Implemented: ORS
				  343.475
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2730 - Parent Consent for EI

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 public agency must obtain written parental consent before conducting a
			 screening, an initial evaluation or reevaluation.
(2) Written parental consent must also be
			 obtained before the provision of EI services described in the IFSP. The parents
			 of a child eligible for EI services must determine whether they, their child,
			 or other family members will accept or decline any EI services, and may decline
			 such a service after first accepting it, without jeopardizing other EI
			 services. If the parents do not provide consent for a particular EI service or
			 withdraw consent after first providing it, that service will not be provided.
			 The EI services for which parental consent is obtained will be
			 provided.
(3) If consent is not
			 given, the public agency must make reasonable efforts to ensure that the
			 parent:
(a) Is fully aware of the nature of
			 the evaluation and assessment or the services that would be available;
			 and
(b) Understands that the child
			 will not receive the evaluation and assessment or services unless consent is
			 given.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2735 - Parent Consent for ECSE

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Consent means that the parent:
(a) Has been
			 fully informed, in his or her native language or other mode of communication,
			 of all information relevant to the activity for which consent is sought; and
(b) Understands and agrees in
			 writing to the carrying out of the activity for which his or her consent is
			 sought.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2740 - Exceptions to Parental Consent - EI/ECSE Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Parental consent is not required before:
(a) Reviewing existing data as part of an
			 evaluation or a reevaluation;
(b)
			 Administering a test or other evaluation that is administered to all children
			 unless, before administration of that test or evaluation, consent is required
			 of parents of all children; or
(c)
			 Conducting evaluation tests, procedures or instruments that are identified on a
			 child's IFSP as a measure for determining progress; or
(d) Conducting a screening of a child by an
			 EI/ECSE specialist to determine appropriate instructional strategies for
			 curriculum implementation.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2745 - Prior Written Notice and Notice of Procedural Safeguards - EI/ECSE Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Prior
			 written notice must be given to the parent or surrogate parent a reasonable
			 time before the contractor or subcontractor proposes to initiate or change, or
			 refuses to initiate or change, the identification, evaluation, placement of the
			 child; or
(a) The provision of appropriate EI
			 services if the child is from birth to age three; or
(b) The provision of a free appropriate
			 public education to the child if the child is three years of age to eligibility
			 for public school.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2750 - Parent Participation - General - EI/ECSE Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For a child under age three, contractors
			 or subcontractors must provide parents with an opportunity to participate in
			 meetings with respect to the identification, evaluation, IFSP, placement of the
			 child and the provision of appropriate EI services and transition to ECSE or
			 other services. For IFSP meetings, contractors and subcontractors must also
			 follow requirements of OAR 581-015-2755.
(2) For a child age three and older,
			 contractors or subcontractors must provide parents with an opportunity to
			 participate in meetings with respect to the identification, evaluation, IFSP,
			 placement of the child, the provision of a free appropriate public education
			 and transition to school age or other services. For IFSP and placement
			 meetings, contractors and subcontractors must also follow requirements of OAR
			 581-015-2755.
(3) Contractors or
			 subcontractors must provide parents and other participants with a written
			 notice of the meeting sufficiently in advance to ensure that parents and others
			 will have an opportunity to attend. The written notice must:
(a) State the purpose, time and place of the
			 meeting and who will attend;
(b)
			 Inform the parents that they or the agency may invite other individuals who
			 they believe have knowledge or expertise regarding the child;
(c) Inform the parents of a child age three
			 or older that the team may proceed with the meeting even if the parent is not
			 in attendance; and
(d) Inform the
			 parents of whom to contact before the meeting to provide information if they
			 are unable to attend.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2755 - Additional Parental Participation Requirements for IFSP and Placement Meetings - EI/ECSE Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For a child
			 under age three:
(a) Contractors or
			 subcontractors must schedule IFSP meetings in settings and at times that are
			 convenient to families;
(b) If
			 neither parent can attend, the contractor or subcontractor must use other
			 methods to ensure parent participation, including, but not limited to,
			 individual or conference phone calls or home visits; and
(c) The contents of the IFSP must be fully
			 explained to the parents and informed written consent obtained from the parents
			 before the provision of EI services described in the plan.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2760 - Surrogate Parents - EI/ECSE

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Each contractor or subcontractor serving a child participating in EI or ECSE
			 must ensure that the rights of the child are protected by appointing a
			 surrogate parent not more than 30 days after a determination by the contractor
			 or subcontractor that the child needs a surrogate because:
(a) No parent (as defined in OAR
			 581-015-2700(19) can be identified or located after reasonable efforts;
			 or
(b) The child is a ward of the
			 state and there is reasonable cause to believe that the child has a
			 disability.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2765 - Independent Education Evaluation - ECSE

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any parent of a preschool child with
			 disabilities three years of age through the age of eligibility for public
			 school may request an independent education evaluation at the expense of:
(a) The school district if the parent
			 disagrees with an evaluation obtained by the school district; or
(b) The contracting agency if the parent
			 disagrees with an evaluation obtained by the contractor or
			 subcontractor.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2770 - Confidentiality of Records for Preschool Children with Disabilities

Current through Register Vol. 63, No. 7, July 1, 2024
Contractors and subcontractors must follow the rules and
				procedures in OAR 581-015-2030 and
				34
				CFR 303.400 through
				303.416
				for confidentiality of records for preschool children with disabilities with
				the following exception: "School district" means contractors or
				subcontractors.
Stat. Auth.: ORS
				  343.475,
				  343.485
Stats. Implemented: ORS
				  343.485 &
				  34
				  CFR 303.400 -
				  303.417
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2775 - EI Evaluation

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 General.
(a) A public agency must conduct an
			 evaluation or reevaluation process in accordance with this rule before
			 determining that a child qualifies for early intervention (EI) services,
			 changing the child's eligibility, or terminating the child's eligibility under
			 OAR 581-015-2780.
(b) EI
			 evaluations and reevaluations must be conducted in accordance with OAR
			 581-015-2790(8) and (9)(b)-(f).
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2780 - EI Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon
			 completing the administration of tests and other evaluation materials, the
			 designated referral and evaluation agency must determine, through a
			 multidisciplinary team, whether a child is eligible for EI services by
			 following the procedures in this rule.
(2) The multidisciplinary team must include
			 the parents, in accordance with OAR 581-015-2750, and individuals from two or
			 more separate disciplines or professions, including persons who are
			 knowledgeable about the child.
(3)
			 To be eligible for EI services, the child must meet the minimum criteria for
			 subsection (a), (b) or (c), below:
(a)
			 Categorical:
(A) The child meets the minimum
			 criteria for one of the following disability categories in OAR 581-015-2130
			 through 581-015-2180: autism spectrum disorder, deafblindness, hearing
			 impairment, orthopedic impairment, traumatic brain injury or visual
			 impairment.
(B) If the child meets
			 the disability criteria for a categorical eligibility in subsection (A), the
			 child's disability does not need to be presently adversely affecting the
			 child's development for the child to be eligible for EI services.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2785 - Provision of EI Services Before an Evaluation and Assessment Are Completed

Current through Register Vol. 63, No. 7, July 1, 2024
Early intervention services for an eligible child and the
				child's family may begin before the completion of the evaluation and assessment
				process described in OAR 581-015-2775 if the following conditions are
				met:
(1) Parental consent for
			 evaluation and services is obtained;
(2) An interim IFSP is developed that
			 includes:
(a) The name of the service
			 coordinator who will be responsible for implementation of the interim IFSP and
			 coordination with other agencies and persons; and
(b) The EI services that have been determined
			 to be needed immediately by the child and the child's family; and
(c) The evaluation and assessment are
			 completed within the 45 calendar days as required in OAR
			 581-015-0945(1)(d).
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2786 - Dispute Resolution Within and Between Public Agencies - Early Intervention (EI) Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each public
			 agency involved in providing early intervention services may use its own
			 internal dispute resolution procedures to resolve, in a timely manner, internal
			 disagreements about payments for a particular service or other matters related
			 to providing early intervention services.
(2) A public agency's internal dispute
			 resolution procedures may not result in delaying the provision of early
			 intervention services.
(3) Public
			 agencies may not delay or deny the timely provision of early intervention
			 services during the pendency of dispute resolution between public agencies
			 regarding financial responsibilities.
Stat. Auth.: ORS
				  343.475,
				  343.511
Stats. Implemented: ORS
				  343.475,
				  343.495,
				  343.511,
				  34
				  CFR 303.120,
				  303.511,
				  303.520,
				  303.521
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2790 - ECSE Evaluation

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 General. A public agency must conduct an evaluation or reevaluation process in
			 accordance with this rule before:
(a)
			 Determining that a child is a child with a disability under OAR 581-015-2795;
			 or
(b) Determining that a child
			 continues to have a disability under OAR 581-015-2795; or
(c) Changing the child's eligibility;
			 or
(d) Terminating the child's
			 eligibility as a child with a disability.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2795 - ECSE Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon
			 completing the administration of tests and other evaluation materials, the
			 designated referral and evaluation agency must determine, through a team,
			 whether a child is eligible for ECSE services by following the procedures in
			 this rule.
(2) The team must
			 include the parents, in accordance with OAR 581-015-2750, and two or more
			 professionals, at least one of whom is knowledgeable and experienced in the
			 evaluation and education of children with the suspected disability. The team
			 may be the child's IFSP team.
(3)
			 In determining eligibility for a child suspected of having a specific learning
			 disability, the team must also include:
(a)
			 The child's preschool teacher or, if the child does not have a preschool
			 teacher, a preschool teacher qualified to teach a child of his or her age;
			 and
(b) A person qualified to
			 conduct individual diagnostic examinations of children, such as a psychologist,
			 speech-language pathologist, or other qualified personnel.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2800 - Termination of Eligibility - EI/ECSE

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A school district must evaluate a child
			 with a disability in accordance with OAR 581-015-2775 and 2790 before
			 determining that the child is no longer a child with a disability.
(2) The contractor or subcontractor must
			 provide written notice under OAR 581-015-2745 when a team determines that a
			 child is no longer eligible for EI or ECSE services.
Stat. Auth.: ORS
				  343.475,
				  343.513
Stats. Implemented: ORS
				  343.475,
				  343.513
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2805 - EI and ECSE Transition

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 lead agency will describe in a written document how it will meet the transition
			 requirements set forth in
			 34 CFR
			 303.29.
(2) Transition from EI to ECSE or other
			 services:
(a) Before a child reaches the age
			 of eligibility for ECSE, the school district must obtain parental consent for
			 initial evaluation under OAR 581-015-2735 and conduct an initial evaluation
			 under OAR 581-015-2790.
(b) With
			 the approval of the child's family and in accordance with OAR 581-015-2810, a
			 transition meeting to establish a transition plan must be held at least 90
			 calendar days, and at the discretion of the parties, up to nine months before
			 the child's third birthday and must include:
(A) Discussions with and training of parents
			 regarding future services, placements and other matters related to the child's
			 transition;
(B) Procedures to
			 prepare the child for changes in service delivery, including steps to help the
			 child adjust to and function in a new setting or, if appropriate, steps to exit
			 from the program;
(C) A review of
			 the child's program options for the period from the child's third birthday
			 through the remainder of the school year; and
(D) With parental consent, the transmission
			 of information about the child to the ECSE subcontractor or other service
			 provider, if different than the child's EI subcontractor including;
(i) Evaluation and assessment information;
			 and
(ii) Copies of IFSPs that have
			 been developed and implemented.
(c) For children eligible for ECSE services
			 under OAR 581-015-2795, contractors or subcontractors must initiate and conduct
			 an IFSP meeting on or before the child's third birthday to:
(A) Review and revise the IFSP;
(B) Determine placement; and
(C) Obtain parent consent for initial
			 placement in special education. This is the initial consent for placement in
			 special education for school-age students.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2810 - IFSP Meeting Procedures and Timelines

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Contractors or subcontractors must
			 conduct a meeting to develop an initial IFSP within:
(a) Forty-five calendar days from the date
			 the child is referred to and determined eligible for EI services; and
(b) Thirty calendar days from the date the
			 child is determined eligible for ECSE services.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2820 - IFSP Team Consideration and Special Factors

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In developing, reviewing and revising the
			 child's IFSP, the IFSP team must consider:
(a)
			 The strengths of the child and the concerns of the parents for enhancing the
			 development of their child; and
(b)
			 The results of the initial or most recent evaluation of the child;
			 and
(c) For a child age three and
			 older, the academic, developmental and functional needs of the child.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2825 - Participants for IFSP Team Meetings and Reviews

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each initial and annual IFSP meeting must
			 include the following participants:
(a) The
			 child's parent or parents;
(b) The
			 child's EI or ECSE specialist and, as appropriate, persons who will be
			 providing services to the child or family; for EI, this must include two or
			 more individuals from separate disciplines or professions, and one of these
			 individuals must be the service coordinator.
(c) A representative of the contractor or
			 subcontractor who may be another member of the team and who is:
(A) Qualified to provide or supervise the
			 provision of EI or ECSE services to meet the unique needs of children with
			 disabilities;
(B) Knowledgeable of
			 typical child development and appropriate activities for infants and young
			 children; and
(C) Knowledgeable
			 about the availability of resources.
(d) For a child eligible for EI services, the
			 service coordinator who is responsible for implementation of the IFSP and may
			 be the child's EI specialist;
(e)
			 For a child who is eligible for ECSE services, the child's preschool teacher if
			 the child is or may be participating in a regular preschool;
(f) Family members and/or advocates as
			 requested by the parents;
(g) Other
			 individuals, including related services personnel as appropriate, invited by
			 the parent, primary contractor, or subcontractor who have knowledge or special
			 expertise regarding the child;
(h)
			 An individual, who may be another member of the team who:
(A) Was involved in conducting the evaluation
			 of the child;
(B) Is knowledgeable
			 about the child's disability; and
(C) Can interpret the developmental or
			 instructional implications of the evaluation; and
(i) A representative of the school district
			 in which the child resides during the year before the child enters
			 school.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2830 - Implementation of the IFSP

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An IFSP
			 must:
(a) Be written before EI services or
			 ECSE and related services are provided to the child;
(b) Begin as soon as possible following the
			 meeting; and
(c) Be provided year
			 round for children receiving EI services, unless agreed to otherwise by the
			 parents; or
(d) Be in effect by the
			 child's third birthday and at the beginning of the school year for children
			 receiving ECSE services.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2835 - Natural Environments in EI

Current through Register Vol. 63, No. 7, July 1, 2024
Contractors or subcontractors must ensure that:
(1) To the maximum extent appropriate to the
			 needs of the child and family, EI services are provided in natural
			 environments, including the home and community settings in which children
			 without disabilities participate; and
(2) The determination of the appropriate
			 setting for providing EI services to an infant or toddler with a disability,
			 including any justification for not providing a particular EI service in the
			 natural environment is:
(a) Made by the IFSP
			 Team (which includes the parent and other team members);
(b) Consistent with the provisions of
			 OAR-581-2700and 581-015-2815(3)(h);
(c) Based on the child's outcomes which are
			 identified by the IFSP team.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2840 - Service Coordination

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For a
			 child under age three, the contractor or subcontractor must:
(a) Provide active ongoing service
			 coordination as an EI service; and
(b) Appoint a service coordinator as soon as
			 possible when a referral is received.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2845 - Placement and Least Restrictive Environment in ECSE

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Contractors or subcontractors must ensure
			 that:
(a) The placement of a child with a
			 disability 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; and
(b) To the maximum extent appropriate to the
			 needs of the child, ECSE services are provided in the least restrictive
			 environment as defined in OAR 581-015-2240, including home and community
			 settings in which children without disabilities participate.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2850 - Free Appropriate Public Education (FAPE) for ECSE

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Contractors and subcontractors must
			 provide ECSE and related services to all resident children from three years of
			 age until the age of eligibility for public school.
(2) The requirements of this rule also apply
			 to children with disabilities who have been suspended or expelled from
			 preschool in accordance with OAR 581-015-2410 through 581-015-2440.
(3) For purposes of this rule, a preschool
			 child with a disability is considered resident of the service area where the
			 child is currently living, including children living in public or private
			 residential programs, hospitals, and similar facilities. ORS
			 343.475(3)
(4) For purposes of this rule, "school
			 district" means contractors or subcontractors.
Stat. Auth.: ORS
				  343.475
Stats Implemented: ORS
				  343.475
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2855 - Extended Year Services for ECSE

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Contractors and subcontractors must
			 ensure that extended year services are available as necessary to provide a free
			 appropriate public education to children eligible for ECSE services.
(2) Extended year services must be provided
			 only if the child's IFSP team determines, on an individual basis, in accordance
			 with OAR 581-015-2755 and 581-015-2810 through 581-015-2830, that services are
			 necessary for the provision of free appropriate public education to the
			 child.
(3) A contractor or
			 subcontractor may not:
(a) Limit extended
			 year services to particular categories of disability; or
(b) Unilaterally limit the type, amount, or
			 duration of those services.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2860 - Assistive Technology for ECSE

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Contractors or subcontractors must follow the rules and procedures in OAR
			 581-015-2055 to ensure that assistive technology devices or assistive
			 technology services, or both, are available to preschool children with a
			 disabilities age three through the age of eligibility for public school, if
			 required as a part of the child's special education, related services or
			 supplementary aids and services.
(2) For the purposes of this rule, "school
			 district" means contractors or subcontractors.
(3) For the purposes of this rule, "IEP"
			 means IFSP.
Stat. Auth.: ORS
				  343.475
Stats. Implemented: ORS
				  343.475
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2863 - Procedures for EI/ECSE Complaints

Current through Register Vol. 63, No. 7, July 1, 2024
OAR 581-015-2030 applies for EI and ECSE
				programs.
Stat. Auth.: ORS
				  343.041
Stats. Implemented: ORS
				  343.041, 34 CFR 300.151-153 ;
				  34 CFR
				  300.504(a)(2)
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2865 - Mediation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 offers mediation, in accordance with OAR 581-015-2335, at no cost to the
			 parties to resolve disputes involving any EI/ECSE matter, including matters
			 arising before the filing of a complaint or hearing request. For EI families,
			 such matters may include a public agency's choices regarding insurance related
			 decisions or fees, such as: copayments or deductibles, incurred as part of a
			 child's early intervention services.
(2) For the purposes of OAR 581-015-2335,
			 "school district" means contractors and subcontractors for disputes involving
			 any EI/ECSE matter.
Stat. Auth.: ORS
				  343.475,
				  343.531
Stats. Implemented: ORS
				  343.475,
				  343.531,
				  34 CFR
				  303.431,
				  303.521(e)
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2870 - Due Process Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
OARs 581-015-2340 through 581-015-2385 apply for EI and ECSE
				programs with the following exceptions:
(1) "School District" means contractors and
			 subcontractors;
(2) Parents may not
			 seek reimbursement or attorney fees under ORS
			 343.175 for EI
			 hearings;
(3) The Department must
			 submit a copy of the hearing decision to the State Advisory Council for Special
			 Education and the State Interagency Coordinating Council; and
(4) EI parents may use the State Due Process
			 system established in OAR 581-015-2340 through 581-015-2385 to contest the
			 imposition of fees, or a public agency's decisions about a parent's ability to
			 pay costs, such as co-payments or deductibles, incurred as a part of a child's
			 early intervention services.
Stat. Auth.: ORS
				  343.475,
				  343.531
Stats. Implemented: ORS
				  343.475,
				  343.531,
				  34 CFR
				  303.521(e)
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2875 - Discipline of Children with Disabilities for ECSE

Current through Register Vol. 63, No. 7, July 1, 2024
Contractors or subcontractors must follow the rules and
				procedures in OAR 581-015-2400 through 581-015-2445 for discipline of children
				with disabilities age three through the age of eligibility for public school
				with the following definition exceptions:
(1) "General curriculum" means appropriate
			 activities engaged in by typical children of the same age;
(2) "IEP" means IFSP; and
(3) "Day" means calendar days excluding
			 weekends, holidays, and ECSE program vacation days.
(4) "School district" means contractors or
			 subcontractors.
Stat. Auth.: ORS
				  343.475,
				  343.531
Stats. Implemented: ORS
				  343.475,
				  343.531
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2880 - Private Placement - ECSE

Current through Register Vol. 63, No. 7, July 1, 2024
Contractors or subcontractors must follow the rules and
				procedures in OAR 581-015-2450 through 581-015-2515 for ECSE children placed by
				their parents in private schools.
Stat. Auth.: ORS
				  343.475
Stats. Implemented: ORS
				  343.475,
				  343.495
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2885 - Preschool Children with Disabilities Covered by Public Insurance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Applicability:
			 For purposes of OAR 581-015-2885, IDEA Part C requirements apply to children
			 ages birth through two; IDEA Part B requirements apply to children ages three
			 and above.
(2) For purposes of
			 this rule the term "public benefits" means public insurance including but not
			 limited to Medicaid.
(3) The
			 contractor or subcontractor may use a child or family's public benefits to
			 provide or pay for early intervention, as permitted under the public insurance
			 program and the requirements of this rule.
(4) The contractor or subcontractor may not
			 require a parent to sign up for, or enroll in, public benefits to receive early
			 intervention services under Part C.
(5) For a child under age three, the
			 contractor or subcontractor:
(a) Must obtain,
			 prior to using public benefits, parent consent if the child or family is not
			 enrolled in the public benefits program or if that use would:
(A) Decrease available lifetime coverage or
			 any other insured benefit;
(B)
			 Result in the family paying for services that would otherwise be covered by the
			 public benefits;
(C) Increase
			 premiums or lead to the discontinuation of insurance; or
(D) Risk loss of eligibility for home and
			 community-based waivers, based on aggregate health-related expenditures.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2890 - Preschool Children with Disabilities Covered by Private Insurance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) With regard to
			 services required to provide FAPE to a preschool child or EI services to a
			 child under the age of three, a contractor or subcontractor may access a
			 parent's private insurance proceeds only if the parent provides informed
			 consent consistent with this rule and applicable federal requirements related
			 to confidentiality of personally identifiable information.
(2) For a child under the age of three, when
			 the contractor or subcontractor proposes to access the parent's private
			 insurance to pay for the initial provision of early intervention services, it
			 must:
(a) Obtain parent consent in accordance
			 with this rule; and whenever personally identifiable information is released
			 due to an increase in frequency, length, duration, or intensity in the
			 provision of services on the child's IFSP.
(b) Inform the parents of any of the State's
			 payment policies and identify potential costs that the parent may incur when
			 their private insurance is used to pay for services.
(c) Not permit use of private insurance to:
(A) Count towards or result in a loss of
			 benefits due to the annual or lifetime insurance coverage caps, to the parent,
			 or the child's family members who are covered by the policy;
(B) Negatively affect the availability of
			 insurance to the child, the parent, or the child's family members who are
			 covered under the insurance policy, and insurance coverage may not be
			 discontinued for these individuals due to the use of the insurance to pay for
			 services; or
(C) Be the basis for
			 increasing insurance premiums of the child, the parent, or the child's family
			 members covered under the insurance policy.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2895 - Health and Safety

Current through Register Vol. 63, No. 7, July 1, 2024
EI and ECSE services may be provided to eligible children in a
				variety of settings including, but not limited to, home, hospitals,
				institutions, special schools, classrooms, and community child care, or
				preschool settings. If services are provided in any setting other than the
				family home, the contractor shall assure that each subcontractor meets all
				applicable state and local requirements including:
(1) The applicable state health, and safety
			 regulations;
(2) Assurances that
			 the subcontractor has policies or procedures in place regarding staff hiring
			 that include careful checking of personal and professional references for all
			 potential employees, with regularly scheduled evaluations to evaluate the
			 employee's competence to work with young children;
(3) The provision of adequate space to assure
			 the full participation of all children, regardless of ability or mobility;
			 and
(4) The applicable personnel
			 standards outlined in OAR 581-015-2900.
Stat. Auth.: ORS
				  343.475,
				  343.495
Stats. Implemented: ORS
				  343.475,
				  343.495
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2900 - Personnel Standards

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Personnel employed to provide EI or ECSE services include:
(a) Supervisors;
(b) EI and ECSE specialists;
(c) Related services personnel; and
(d) EI and ECSE assistants.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2905 - Authorization of Early Childhood Specialist

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This rule establishes an alternative to
			 Teacher Standards and Practices Commission (TSPC) licensure or endorsements for
			 individuals to serve as Early Childhood Specialists for Programs. Individuals
			 with TSPC issued endorsements in EI/ECSE or a related field are not covered by
			 sections (4)-(12).
(2)
			 Responsibilities of the Early Childhood Specialist may include but are not
			 limited to:
(a) Coordination of EI/ECSE
			 services to children and their families;
(b) Assessment of children in EI/ECSE
			 programs;
(c) Development and
			 implementation of IFSP;
(d)
			 Development and implementation of data collection systems;
(e) Provision of consultation and support, as
			 necessary, to families and staff;
(f) Training of EI/ECSE assistants;
(g) Compliance with procedural safeguards;
			 and
(h) Provision of specialized
			 instruction.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2910 - Authorization of Early Childhood Supervisor

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This rule establishes an alternative to a
			 Teacher Standards and Practices Commission (TSPC) administrative license for
			 individuals to serve as Early Childhood Supervisors for Programs. Individuals
			 with a TSPC issued administrative license and who hold a masters degree in
			 early childhood education, special education or a related field with three
			 years of experience working with infants, toddlers, young children and families
			 are not covered by sections (4) through (12) of this rule.
(2) Responsibilities of the Early Childhood
			 Supervisor may include but are not limited to:
(a) Oversight of EI/ECSE services;
(b) Supervision and training of personnel in
			 EI/ECSE programs;
(c) Serving as
			 administrative representative at IFSP meetings;
(d) Facilitating meetings with personnel and
			 families; and
(e) Facilitating
			 interagency collaboration.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2930 - Employment-Related Transition Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 This rule establishes the policies of Executive Order No. 15-01, related to the
			 Department of Education's involvement with integrated employment services.
(2) For purposes of this rule, the
			 following definitions apply:
(a) "Education
			 Goals" means the following goals:
(A)
			 Families, students, and educators will have the expectation that individuals
			 with intellectual and developmental disabilities will work in integrated,
			 community-based settings;
(B)
			 Students transitioning to adult services will be prepared to transition to
			 integrated work experiences; and
(C) Statewide systems will be coordinated to
			 reach the goal of integrated employment opportunities as an outcome of
			 students' education.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2940 - Corrections Education Program Funding Formula

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 of Education shall provide State School Funding to the Juvenile Detention
			 Education Program (JDEP) based on anticipated Average Daily Membership times
			 1.5 ADMw for the school year.
(2)
			 The Department of Education shall provide State School Funding to the Youth
			 Corrections Education Programs (YCEP) based on anticipated Average Daily
			 Membership times 2.0 ADMw for the school year.
(3) The Department of Education shall
			 determine the number of classrooms to be funded at each JDEP and each YCEP
			 school using the methodology of:
(a) A
			 classroom for every 8 ADM for JDEP and YCEP schools with 48 ADM or
			 below;
(b) An additional classroom
			 for every 10 ADM above 48 ADM; and
(c) Based on the cost of operating a JDEP or
			 YCEP classroom, with input from stakeholders, the Department of Education will
			 determine the level of funding per classroom.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 16 - OREGON SCHOOL FOR THE DEAF › Section 581-016-0520 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The following definitions apply to OAR 581-016-0520 through
				581-016-0560, unless the context indicates otherwise:
(1) Board: The State Board of
			 Education;
(2) OSD: The Oregon
			 School for the Deaf;
(3)
			 Superintendent: The State Superintendent of Public Instruction.
(4) IEP: An individualized education program
			 as defined in OAR 581-015-2000(16).
Statutory/Other Authority: ORS
				  346.010
Statutes/Other Implemented: ORS
				  346.010