reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2425 - Removal to an Interim Alternative Educational Setting by School District

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Definitions:
(a) "Drug" means illegal drug or
			 controlled substance but does not include a substance that is legally possessed
			 or used under the supervision of a licensed health-care professional or
			 otherwise legally possessed. It does not include alcohol or tobacco.
(b) "Drug violation" means the use,
			 possession, sale or solicitation of drugs at school or a school
			 function.
(c) "Serious bodily
			 injury" means bodily injury, which involves substantial risk of death; extreme
			 physical pain; protracted and obvious disfigurement; or protracted loss or
			 impairment of the function of a bodily member, organ or mental
			 faculty.
(d) "Weapon" means a
			 weapon, device, instrument, material or substance, animate or inanimate, that
			 is used for, or is readily capable of causing death or serious bodily injury,
			 except that it does not include a pocket knife with a blade of less than 2 1/2
			 inches in length.
(e) "Weapon
			 violation" means carrying a weapon to school or to a school function or
			 acquiring a weapon at school.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2430 - Removal to an Interim Alternative Educational Setting by Administrative Law Judge (Injurious Behavior)

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 "Injurious behavior" means behavior that is substantially likely to result in
			 injury to the child or to others.
(2) School districts may request an expedited
			 due process hearing under OAR 581-015-2445 to obtain an order from an
			 administrative law judge to order a change in placement of the child to an
			 interim alternative educational setting for not more than 45 school days for
			 injurious behavior.
(3) The interim
			 alternative educational setting must meet the requirements of OAR
			 581-015-2435(2).
(4) The procedures
			 in subsection (2) may be repeated if the school district believes that
			 returning the child to the original placement is substantially likely to result
			 in injurious behavior.
(5) Nothing
			 in this rule precludes a school district from seeking a court order to remove a
			 child from the child's current educational placement to another placement if
			 the district believes that the maintaining the child in the child's current
			 educational placement is substantially likely to result in injurious
			 behavior.
Stat. Auth.: ORS
				  343.041,
				  343.045 &
				  343.155
Stats. Implemented: ORS
				  343.155,
				  34 CFR
				  300.532
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2435 - Requirements of an Interim Alternative Educational Setting

Current through Register Vol. 63, No. 7, July 1, 2024
An interim alternative educational setting under OAR
				581-015-2415 and 581-015-2425 must:
(1) Be determined by the child's IEP team;
			 and
(2) Enable the child to:
(a) Continue to participate in the general
			 curriculum, although in another setting; and
(b) Progress toward achieving the goals in
			 the child's IEP.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2440 - Protections for Children Not Yet Eligible for Special Education

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The provisions
			 of OAR 581-015-2400 through 581-015-2435 apply to children not yet identified
			 as children with disabilities if the school district had knowledge that the
			 child was a child with a disability.
(2) For the purposes of subsection (1) of
			 this rule, a school district "had knowledge" if, before the behavior that
			 precipitated the disciplinary action occurred:
(a) The parent of the child expressed a
			 concern in writing to supervisory or administrative school personnel, or a
			 teacher of the child, that the child is in need of special education and
			 related services;
(b) The parent of
			 the child requested a special education evaluation of the child; or
(c) The teacher of the child, or other school
			 personnel, expressed specific concerns about a pattern of behavior demonstrated
			 by the child directly to the school district's director of special education or
			 other supervisory personnel of the district.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2445 - Expedited Due Process Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 An expedited due process hearing must be held if a hearing is requested under
			 OAR 581-015-2345 because:
(a) In a dispute
			 over a disciplinary action for a child with a disability, the child's parent
			 disagrees with a determination that the child's behavior was not a
			 manifestation of the child's disability or with any decision regarding the
			 child's educational placement; or
(b) The school district believes that
			 maintaining the current placement of the child is substantially likely to
			 result in injury to the child or to others.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2450 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For the purposes of OAR 581-015-2450 through 581-015-2515, the
				following definitions apply:
(1)
			 "Enrolled in a public school or ECSE program" means enrolled in, attending,
			 and, for children ages 7 to 18, not exempt from compulsory school attendance as
			 a private school student.
(2) "IDEA
			 funds" means federal funds allocated to the public agency under the Individuals
			 with Disabilities Education Act.
(3) "Private school child with a disability"
			 means a child with a disability or preschool child with a disability aged 3 to
			 school-age who has been enrolled by a parent in a private school or facility,
			 and who, if aged 7 to 18, is exempt from compulsory school attendance under ORS
			 339.115.
(a) This term includes school-age children
			 who are exempt from compulsory school attendance under ORS
			 339.115, even if a school
			 district permits the student to attend one or more classes pursuant to a
			 district policy permitting partial enrollment.
(b) This term does not include:
(A) Children three years of age until the age
			 of eligibility for public school who can be provided a free appropriate public
			 education in a private preschool or child care setting selected and paid for by
			 their parents; or
(B) Children who
			 are exempt from compulsory school attendance under ORS
			 339.115 as a home schooled
			 student; or
(C) Children who are
			 not of compulsory school attendance age who have rejected public agency
			 services but who are not attending a private school; or
(D) Children who are placed in a private
			 school by the public agency.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2455 - Provision of services for Private School Children with Disabilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each public
			 agency must provide for participation in special education and related services
			 to private school children with disabilities who are enrolled in private
			 schools located within the school district boundaries, to the extent consistent
			 with the number and location of these children.
(2) No private school child with a disability
			 has an individual right to receive some or all of the special education and
			 related services that the child would receive if enrolled in a public
			 school
(3) Decisions about the
			 services that will be provided to private school children with disabilities
			 must be made in accordance with OAR 581-015-2460 and 581-015-2480.
(4) Special education and related services
			 provided to private school children with disabilities must be provided by
			 personnel meeting the same standards as personnel providing services in the
			 public agency, except that private school teachers providing equitable services
			 to private school children with disabilities do not have to meet the highly
			 qualified special education teacher requirements.
(5) Special education and related services
			 must be provided to private school children with disabilities by employees of
			 the public agency or through contract by the public agency with an individual,
			 association, agency, organization, or other entity.
(6) Private school children with disabilities
			 may receive a different amount of services than children with disabilities in
			 public schools.
(7) Special
			 education and related services may be provided to parentally-placed private
			 school children on the premises of private, including religious, schools, to
			 the extent consistent with law.
(8)
			 Special education and related services provided to parentally-placed private
			 school children with disabilities, including materials and equipment, must be
			 secular, neutral and nonideological.
Stat. Auth.: ORS
				  343.041,
				  343.045,
				  343.055
Stats. Implemented: ORS
				  343.155,
				  34
				  CFR 300.132,
				  300.137,
				  300.138,
				  300.139
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2460 - Services Plan

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If a child with
			 a disability is enrolled by a parent in private school and will receive special
			 education or related services from a public agency, the public agency must:
(a) Initiate and conduct meetings to develop,
			 review and revise a services plan for the child in accordance with subsection
			 (3); and
(b) Ensure that a
			 representative of the child's private school attends each meeting. If the
			 representative cannot attend, the public agency must use other methods to
			 ensure participation by the private school, including individual or conference
			 telephone calls.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2465 - Documentation Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
Each public agency must maintain in its records and provide
				annually to the Department the following information for parentally-placed
				private school children:
(1) The
			 number of parentally-placed private school children evaluated;
(2) The number determined to be children with
			 disabilities, and
(3) The number of
			 children served.
Stat. Auth.: ORS
				  343.041,
				  343.045 &
				  343.055
Stats. Implemented: ORS
				  343.155,
				  34
				  CFR 300.132
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2470 - Expenditures for Parentally-Placed Private School Children

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Formulas for determining funds available
			 for provision of special education and related services to private school
			 children with disabilities:
(a) For school-age
			 children: Each school district must spend an amount that is the same proportion
			 of the school district's total subgrant of IDEA funds as the number of
			 school-age private school children with disabilities who are enrolled by their
			 parents in private schools located within the boundaries of the school district
			 is to the total number of school-age children with disabilities in its
			 jurisdiction.
(b) For private
			 school children with disabilities aged 3 up to school-age, the EI/ECSE
			 contractor must spend:
(A) An amount that is
			 the same proportion of the contractor's total IDEA fund subgrant under section
			 611(f) for ECSE children as the number of ECSE private school children with
			 disabilities who are enrolled by their parents in private schools located
			 within the boundaries of the ECSE service area is to the total number of ECSE
			 children with disabilities in the service area; and
(B) An amount that is the same proportion of
			 the contractor's total IDEA fund subgrant under section 619(g) as the number of
			 ECSE private school children with disabilities who are enrolled by their
			 parents in private schools located within the boundaries of the ECSE service
			 area is to the total number of ECSE children with disabilities in the service
			 area.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2475 - Private School Child Count

Current through Register Vol. 63, No. 7, July 1, 2024
Each public agency must:
(1) After timely and meaningful consultation
			 with representatives of private school children consistent with OAR
			 581-015-2480, determine the number of private school children with disabilities
			 attending private schools located within the boundaries of the public
			 agency;
(2) Conduct the count on
			 December 1 of each year; and
(3)
			 Use the count to determine the amount that the public agency will spend on
			 providing special education and related services to private school children
			 with disabilities in the next fiscal year.
Stat. Auth.: ORS
				  343.055,
				  343.157;
Stat. Implemented: ORS
				  343.055,
				  34
				  CFR 300.133
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2480 - Consultation with Representatives of Private School Children with Disabilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To
			 ensure timely and meaningful consultation, public agencies must consult with
			 representatives of private school children with disabilities during the design
			 and development of special education and related services for the children,
			 including regarding:
(a) The child find
			 process, including how private school children suspected of having a disability
			 can participate equitably, and how parents, teachers, and private school
			 officials will be informed of the process;
(b) The determination of the proportionate
			 share of IDEA funds available to serve private school children with
			 disabilities, including the determination of how the proportionate share of
			 funds was calculated;
(c) The
			 consultation process among the public agency and representatives of private
			 school children with disabilities, including how such process will operate
			 throughout the school year to ensure that private school children with
			 disabilities identified through the child find process can meaningfully
			 participate in special education and related services;
(d) How, where and by whom special education
			 and related services will be provided for private school children with
			 disabilities, including a discussion of the types of services (including direct
			 services and alternate service delivery mechanisms), how such services will be
			 apportioned if funds are insufficient to serve all children, and how and when
			 these decisions will be made; and
(e) How, if the public agency disagrees with
			 the views of private school officials on the provision of services or the types
			 of services (whether provided directly or through a contract), the public
			 agency will provide to the private school officials a written explanation of
			 the reasons why the public agency chose not to provide services directly or
			 through a contract.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2483 - Written Affirmation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When
			 timely and meaningful consultation has occurred as described in OAR
			 581-015-2480, the public agency must obtain a written affirmation signed by the
			 representatives of participating private schools.
(2) If the representatives do not provide the
			 affirmations within a reasonable period of time, the school district must
			 forward the documentation of the consultation process to the
			 Department.
Stat. Auth.: ORS
				  343.041,
				  343.045,
				  343.055;
Stats. Implemented: ORS
				  343.041,
				  343.055 &
				  34 CFR
				  300.135
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2485 - Complaint by Private School Official

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A private school official may submit a
			 complaint to the Department under OAR 581-015-2030 that the public agency did
			 not engage in consultation that was meaningful and timely, or did not give due
			 consideration to the views of the private school official.
(a) If the private school official wishes to
			 submit a complaint, the official must provide the basis of the noncompliance by
			 the public agency to the Department, and the public agency must forward the
			 appropriate documentation to the Department.
(b) If the private school official is
			 dissatisfied with the decision of the Department, the official may submit a
			 complaint to the United States Secretary of Education by providing the basis of
			 the noncompliance by the public agency to the Secretary, and the Department
			 will forward the appropriate documentation to the Secretary.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2490 - Complaints and Due Process Hearings for Private School Children

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Due process
			 hearing procedures do not apply to complaints that a public agency has failed
			 to meet the requirements relating to the provision of services to and
			 expenditures for private school children, including the provision of services
			 indicated on the child's services plan.
(2) Due process hearing procedures do apply
			 to complaints that a public agency has failed to meet the child find
			 requirements, including the requirements regarding evaluation, determination of
			 eligibility for special education services, and reevaluation. Any due process
			 hearing request regarding the child find requirements must be filed with the
			 public agency in which the private school is located and with the Department
			 under OAR 581-015-2345.
(3)
			 Complaints that a public agency has failed to meet any of the requirements
			 related to private school children may be filed under OAR
			 581-015-2030.
Stat. Auth.: ORS
				  343.055,
				  343.155
Stats. Implemented: ORS
				  343.055,
				  34 CFR
				  300.140
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2495 - Funds and Property Not to Benefit Private Schools

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A public agency may not use IDEA funds to
			 finance the existing level of instruction in a private school or to otherwise
			 benefit the private school.
(2) The
			 public agency must use IDEA funds to meet the special education needs of
			 students enrolled in private schools, but not for:
(a) The needs of a private school;
			 or
(b) The general needs of the
			 students enrolled in the private school.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2500 - Use of Personnel

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 public agency may use IDEA funds to make public agency personnel available in
			 other than public facilities:
(a) To the
			 extent necessary to implement any of the requirements related to private school
			 children with disabilities; and
(b)
			 If those services are not normally provided by the private school.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2505 - Separate Classes Prohibited

Current through Register Vol. 63, No. 7, July 1, 2024
A public agency may not use IDEA funds for classes that are
				organized separately on the basis of school enrollment or religion of the
				students if:
(1) The classes are at
			 the same site; and
(2) The classes
			 include students enrolled in public schools or ECSE programs and students
			 enrolled in private schools.
Stat. Auth.: ORS
				  343.041,
				  343.045,
				  343.055
Stats. Implemented: ORS
				  659.150;
				  34 CFR
				  300.143
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2510 - Property, Equipment, and Supplies

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A public agency must keep title to and
			 exercise continuing administrative control of all property, equipment and
			 supplies that the public agency acquires with IDEA funds for the benefit of
			 private school children with disabilities.
(2) The public agency may place equipment and
			 supplies in a private school for a period of time needed to implement the
			 services plan of a private school child with disabilities or for child find
			 purposes.
(3) The public agency
			 must ensure that the equipment and supplies placed in a private school:
(a) Are used only for the purposes identified
			 in section (2); and
(b) Can be
			 removed from the private school without remodeling the private school
			 facility.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2515 - Reimbursement for Private Placement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If a private school child with a
			 disability has available a free appropriate public education and the parents
			 choose to place the child in a private school, the public agency is not
			 required to pay for the cost of the child's education, including special
			 education and related services, at the private school. However, the public
			 agency must include that child in the population whose needs are addressed as
			 parentally-placed private school children consistent with OAR
			 581-015-2475.
(2) Disagreements
			 between a parent and a public agency regarding the availability of a program
			 appropriate for the child and the question of financial responsibility are
			 subject to the due process procedures under OAR 581-015-2340 through
			 581-015-2385.
(3) If the parents of
			 a child with a disability, who previously received special education and
			 related services under the authority of a public agency, enroll the child in a
			 private preschool, elementary, or secondary school without the consent of or
			 referral by the public agency, a court or an administrative law judge may
			 require the agency to reimburse the parents for the cost of that enrollment if
			 the court or administrative law judge finds that the agency had not made a free
			 appropriate public education (FAPE) available to the child in a timely manner
			 before that enrollment and that the private placement is appropriate. A
			 parental placement may be found to be appropriate by an administrative law
			 judge or a court even if it does not meet the State standards that apply to
			 education provided by public agencies.
(4) The cost of reimbursement described in
			 paragraph (3) of this section may be reduced or denied if:
(a) At the most recent IEP or IFSP meeting
			 that the parents attended before removal of the child from the public school or
			 ECSE program, the parents did not inform the IEP or IFSP team that they were
			 rejecting the placement proposed by the public agency to provide FAPE to their
			 child, including stating their concerns and their intent to enroll their child
			 in a private school at public expense; or
(b) At least ten business days (including any
			 holidays that occur on a business day) before the removal of the child from the
			 public school or ECSE program, the parents did not give written notice to the
			 public agency of the information described in paragraph (4)(a) of this
			 rule.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2530 - Children with Disabilities under IDEA Enrolled in Public Benefits or Insurance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 school district program may use the State's Medicaid or other public benefits
			 or insurance programs in which a child participates to provide or pay for
			 special education and related services required under IDEA and permitted under
			 the public benefits or insurance program, as specified in subsection (2) below.
(2) With regard to services
			 required to provide a free appropriate public education (FAPE) to a child with
			 disabilities under IDEA, a school district.
(a) May not require parents to sign up for or
			 enroll in public benefits or insurance programs in order for their child with
			 disabilities to receive FAPE under the IDEA;
(b) May not require parents to incur an
			 out-of-pocket expense such as the payment of a deductible or co-pay amount
			 incurred in filing a claim for special education and related services pursuant
			 to IDEA, but may pay the cost that the parent otherwise would be required to
			 pay; and
(c) May not use the
			 child's benefits under a public insurance program 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 or insurance program and that are required for the child
			 outside of the time the child is in school;
(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; and
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2535 - 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 child with disabilities, a school
			 district may access a parent's private insurance proceeds only if the parent
			 provides informed consent consistent with this chapter.
(2) Each time the school district proposes to
			 access the parent's private insurance proceeds, it must:
(a) Obtain parent consent in accordance with
			 this rule; and
(b) Inform the
			 parents that their refusal to permit the public agency to access their private
			 insurance does not relieve the public agency of its responsibility to ensure
			 that all required services are provided at no cost to the parents.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2540 - Definitions for Regional Programs

Current through Register Vol. 63, No. 7, July 1, 2024
The following definitions apply to OAR 581-015-2545 through
				581-015-2565 unless otherwise indicated by the context.
(1) "Administrative Unit" means the school
			 district or ESD within each region chosen to operate the regional program
			 through contract with the Department of Education.
(2) "Consultation services" means technical
			 assistance to or conferring with the local education agency and staff or early
			 intervention/early childhood special education providers and staff or families
			 to assist them to provide services to eligible children.
(3) "Department" means the Oregon Department
			 of Education.
(4) "Direct
			 services" means services provided to the child by regional specialists.
(5) "Eligible children" means
			 children with low-incidence, high need disabilities who need the services of
			 the regional program.
(6) "Low
			 incidence, high need disabilities" means one or more of the following
			 categories under OAR 581-015-2130 through 581-015-2180: autism spectrum
			 disorder, deafblindness, hearing impairment, orthopedic impairment, traumatic
			 brain injury, and vision impairment.
(7) "Regional program" means direct or
			 consultative services funded through the Department provided on a single or
			 multi-county basis that assist school districts and early intervention/ early
			 childhood special education providers in meeting the unique needs of eligible
			 children.
(8) "Services" means
			 early intervention services, early childhood special education and/or related
			 services, and special education and/or related services, as defined in OAR
			 581-015-2700 and 581-015-2000, respectively.
(9) "Superintendent" means the State
			 Superintendent of Public Instruction.
Stat. Auth.: ORS
				  343.236
Stats. Implemented: ORS
				  343.236
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2545 - Administration of Regional Programs

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The Superintendent may provide services to eligible children on a regional
			 basis to the extent possible with funds allocated for this purpose:
(a) The Superintendent determines the number
			 of regions and their boundaries;
(b) The Superintendent selects a local school
			 district, education service district, and/or county school district to serve as
			 the Administrative Unit in each region;
(c) The Superintendent may designate a
			 Department employee to give general coordination to regional
			 programs;
(d) The Superintendent
			 may appoint an advisory committee to provide policy direction for regional
			 programs. This committee reports to the State Board of Education through the
			 regional program coordinator.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2550 - Eligibility for Regional Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The determination of a child's
			 eligibility for services as a child with autism spectrum disorder,
			 deafblindness, hearing impairment, traumatic brain injury, orthopedic
			 impairment, or vision impairment is the responsibility of:
(a) The resident school district for children
			 who are at the age of eligibility for kindergarten through age 21 in accordance
			 with OAR 581-015-2130 through 581-015-2180; or
(b) The designated referral and evaluation
			 agency for children who are at the age of eligibility for:
(A) Early intervention, from birth until the
			 age of three in accordance with OAR 581-015-2780; and
(B) Early childhood special education, from
			 the age of three until eligible for kindergarten in accordance with OAR
			 581-015-2795.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2555 - Referral for Regional Services

Current through Register Vol. 63, No. 7, July 1, 2024
In referring a child to the regional program, the district or
				early intervention/early childhood special education program must provide the
				regional coordinator with the following information:
(1) A request for regional services;
(2) A statement of a child's
			 eligibility in one of the following categories, if previously determined:
			 autism spectrum disorder; deafblindness, hearing impairment, orthopedic
			 impairment, traumatic brain injury, vision impairment, and;
(3) Additional information as the regional
			 coordinator or other regional program representative may request.
Stat. Auth.: ORS
				  343.236
Stats. Implemented: ORS
				  343.236
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2560 - Individualized Educational Program/Individualized Family Service Plan

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An eligible
			 child must have an individualized educational plan (IEP) developed in
			 accordance with OAR 581-015-2220 or an individualized family service plan
			 (IFSP) in accordance with OAR 581-015-2815.
(2) The IEP/IFSP must be developed by an
			 appropriately constituted team in accordance with OAR 581-015-2825 for
			 preschool children, and OAR 581-015-2210 for school-age children. A designated
			 regional program staff must be included in the development of the
			 IEP/IFSP.
(3) The IEP/IFSP serves
			 as the basis for determining the child's unique developmental or educational
			 needs and the extent and nature of services to be provided, including services
			 provided by the regional program.
Stat. Auth.: ORS
				  343.236
Stats. Implemented: ORS
				  343.236
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2565 - Regional Program Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Pursuant to ORS 338, ORS 339, OAR 581-021-0019, and open enrollment under
			 section 9, chapter 718, Oregon Laws 2011, the resident school district has the
			 primary responsibility for the education of an eligible school age child, and
			 is responsible for all costs beyond the fiscal capacity of the regional program
			 that result from the full implementation of the child's IEP.
(2) The Department, through its contractors
			 and subcontractors, has the primary responsibility for early intervention and
			 early childhood special education services for eligible children from birth
			 until eligible for kindergarten, and is responsible for all costs beyond the
			 fiscal capacity of the regional program which result from full implementation
			 of the child's IFSP.
(3) Eligible
			 children may receive one or more of the following regional services based upon
			 the child's needs according to the IEP or IFSP and available resources of the
			 regional program and agreement of the resident school district or EI/ECSE
			 contractor:
(a) Direct services to the child
			 as determined in the IEP/IFSP by an itinerant specialist up to full-time
			 instruction in a self-contained classroom operated by the regional program;
(b) Consultation to providers of
			 the child's educational or early intervention/early childhood special education
			 program and/or the parents;
(c)
			 Participation in developing the student's IEP or IFSP;
(d) Recommendations for classroom activities,
			 materials, equipment, adaptations and modifications to instruction, and/or
			 assessment;
(e) Evaluation and
			 interpretation of assessment information;
(f) Audiological management;
(g) Inservice for staff and parents; and
(h) Provision of certain related
			 services.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2570 - Definitions and Purposes of Long-Term Care and Treatment (LTCT) Programs

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Definitions in
			 this rule apply to OARs 581-015-2570 to 581-015-2574:
(a) "Contracting school district" means the
			 school district, the education service district, a program operated under the
			 auspices of the State Board of Higher Education, or a program operated under
			 the auspices of the Oregon Health and Science University Board of Directors
			 with which the Department of Education contracts for the provision of
			 educational services.
(b)
			 "Education program" means those activities provided under contract between a
			 contracting school district and the Department of Education, which provide a
			 public education to preschool or school-aged children placed by a public
			 entity, private entity or by the child' s parent in a Psychiatric Day Treatment
			 program or a Psychiatric Residential Treatment Facility;
(c) "Intermediate care facility" is defined
			 in ORS 442.015(21);
(d) "Psychiatric Day Treatment Programs" are
			 defined in OAR 309-022-0105(73);
(e) "Psychiatric Residential Treatment
			 Facility" is defined in OAR 309-022-0105(74).
(f) "Resident district" means the resident
			 district of a student as defined under ORS
			 339.133 and
			 339.134.
(g) "Public Entity" means the Oregon
			 Department of Human Services (DHS), Oregon Health Authority (OHA), the Oregon
			 Youth Authority (OYA), Oregon School District, or their designee.
(h) "Treatment program" means the long-term
			 day or residential treatment services provided by a private nonprofit or public
			 agency and provided under contract with a state agency or designee of the state
			 agency. Intermediate care facilities are excluded from this
			 definition.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2571 - Long-Term Care and Treatment (LTCT) Education Program Eligibility and Approval

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department of Education shall base education program eligibility on the
			 following:
(a) An agency may offer several
			 different treatment programs serving different populations. For the purposes of
			 determining eligibility for funding and funding levels for education programs,
			 each program will be considered separately. Temporary shelter programs, which
			 would not otherwise meet the eligibility criteria provided in OAR
			 581-015-2571(1)(b), are eligible for funding only when attached to an eligible
			 treatment program and the children served are primarily awaiting placement in
			 such programs;
(b) To be eligible
			 for an education program, a treatment program must submit an application to the
			 Department's Long-Term Care and Treatment Program demonstrating that the
			 program meets all of the following criteria:
(A) Either:
(i) A letter of approval from the Addictions
			 and Mental Health Division certifying that the psychiatric day treatment
			 program or psychiatric residential treatment facility meets standards
			 applicable for intensive children's mental health services under OAR
			 309-032-1500; or
(ii) Documentation
			 that the program provides long-term residential treatment of children placed by
			 a state agency or designee of the state agency;
(B) Meet state licensing requirements for a
			 private child-caring agency;
(C)
			 Be operated by a nonprofit corporation or a political subdivision of the
			 state;
(D) Demonstrate through
			 client admissions, staff hiring practices, and client access to services that
			 it meets requirements for ORS
			 659.850 relating to the
			 prevention of discrimination; and
(E) Demonstrate through curriculum content,
			 teaching practices, and facilities management that the constitutional
			 requirements regarding no religious entanglement are met.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2572 - Long-Term Care and Treatment (LTCT) Education Program Funding Formula

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 of Education shall provide funding to LTCT education programs based on a
			 Minimum Staffing Level (MSL) model. The MSL model is based on standard
			 classroom staffing that addresses the educational and safety needs of the
			 students and educational staff in eligible LTCT day and residential treatment
			 program classrooms.
(2) The
			 Department shall base the MSL model on a ratio of staff to students per
			 classroom that is based upon:
(a) One teacher
			 and two instructional assistants for up to 15 students per classroom.
(b) One teacher and three
			 assistants for between 15-20 students per classroom.
(c) When there are more than 20 students in a
			 classroom, the distribution may factor in opening an additional classroom
			 staffed with one teacher and two additional assistants to bring the student
			 number back to 10 students per classroom.
(d) Staffing levels may vary from this
			 guideline for safety, student characteristics, or treatment needs and still
			 meet the MSL standard as determined by the department.
(e) At the department's discretion up to 15.0
			 percent may be added to LTCT contracts to cover educational overhead costs such
			 as indirect, administrative costs and other educational service related costs.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2573 - Due Process Hearings for Long-Term Care and Treatment (LTCT) Education Programs

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 following shall apply to Due Process Hearings involving students attending
			 education programs:
(a) The contracting
			 school district is the "school district" for the purposes of carrying out the
			 procedures required by OAR 581-015-2340 through 581-015-2385;
(b) The issues of the hearing do not include
			 the placement by the public entity, private entity or its designee or by the
			 child's parent for long-term treatment;
(c) Costs under OAR 581-015-2385(1)(a) that
			 are in excess of the contracted educational program budget will be paid by the
			 Oregon Department of Education;
(d)
			 The Oregon Department of Education is a party to such proceedings and is
			 responsible to provide additional educational services ordered by an
			 administrative law judge that are beyond the scope of the written agreement
			 between the Department and the contracting school district under OARs
			 581-015-2570 through 581-015-2574.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2574 - Resident District Obligations for Students in Long-Term Care and Treatment (LTCT) Education Programs

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The resident district must provide or pay for the daily transportation to and
			 from a Psychiatric Day Treatment Program in which a student placed by a public
			 entity, private entity or by the student's parent is enrolled as follows:
(a) The resident district may directly
			 transport or contract for transportation services with the agency, an adjacent
			 school district, an education service district or a private carrier as long as
			 the subcontractor is operating under the provision of ORS
			 801.455,
			 801.460, and
			 820.100 through
			 820.150, or is exempt from these
			 regulations by operating under the Public Utility Commission, ORS Chapter 767,
			 or city regulations included in ORS Chapter 221.
(b) Subject to agreement with the parent or
			 guardian, the resident district may reimburse a parent or guardian for the
			 transportation of a child at the per mile rate established by that
			 district.
(c) Transportation must
			 be provided by the resident district even when the education calendar of the
			 Psychiatric Day Treatment program differs from that of the resident
			 district.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2575 - School Programs in Private Hospitals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For purposes of this rule:
(a) "Patient" means a school age
			 child;
(b) "Specialized intensive
			 treatment" means that the hospital maintains special facilities, equipment, and
			 staff;
(c) "School district" means:
(A) The school district in which the private
			 hospital is located;
(B) A school
			 district adjacent to the school district in which the private hospital is
			 located; or
(C) The education
			 service district in which the program is located or one contiguous
			 thereto.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2580 - School Programs in State-Operated Hospitals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For purposes of this rule:
(a) "Patient" means a school age child who is
			 admitted to a state-operated hospital;
(b) "School district" means:
(A) The school district in which the
			 state-operated hospital or training centers is located;
(B) A school district adjacent to the school
			 district in which the state-operated hospital or training center is located;
			 or
(C) The education service
			 district in which the program is located or one contiguous thereto.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2585 - Youth (Juvenile) Corrections Education and Juvenile Detention Education Programs

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Definitions:
(a) "Youth Corrections Education
			 Program" means the provision of educational services to youths in youth
			 correction facilities of the Oregon Youth Authority, and includes secure
			 regional youth facilities, regional accountability camps, residential academies
			 and satellites, camps and branches of those facilities.
(b) "Juvenile Detention Education Program"
			 means the provision of educational services to youths lodged overnight who
			 receive educational services on consecutive days within a detention
			 facility.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2590 - Required Days of Instruction for JDEP and YCEP

Current through Register Vol. 63, No. 7, July 1, 2024
The Department will schedule and provide an annual school year
				consisting of a minimum 220 days of actual classroom instruction (time students
				are present for a major portion of a scheduled school day, engaged in learning
				experiences related to Department goals and under guidance of teachers). Up to
				five days of temporary closure due to extraordinary conditions may be counted
				toward the 220 days, subject to the Superintendent's approval.
Statutory/Other Authority: ORS
				  326.051
Statutes/Other Implemented: ORS
				  326.695-326.712
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2595 - Education Programs for Children at Residential Youth Care Centers

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of this rule is to ensure that school districts
				meet the provisions outlined in ORS
				336.580.
(1) Definitions: For the purposes of this
			 rule, the following definitions apply:
(a)
			 "Consultation" means scheduled opportunities for the residential youth care
			 center director and the education representative of the district, or its
			 contractor, to share information and concerns about the behavioral
			 characteristics, learning styles, educational needs, and level of educational
			 support for the children residing at the residential youth care center in order
			 to develop, review, and agree upon the education plan;
(b) "District" means the school district in
			 which the residential youth care center is located;
(c) "Least restrictive environment" means
			 serving a child in the educational setting in which the child can reasonably be
			 expected to learn while maintaining integration in the local
			 community;
(d) "Open entry-open
			 exit" means that the education program provides opportunities for students to
			 make progress in obtaining school credits or otherwise meeting their
			 educational goals even though they may enroll or exit at any time during the
			 school year.
(e) "Residential youth
			 care center" means a community program defined in ORS
			 420.855 and operated by a public
			 or private agency. Residential youth care centers where resident children
			 receive educational services funded under ORS
			 343.961 are not included under
			 the provisions of this rule;