Chapter 581-015

581-015-2483 Written Affirmation (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 provid…

581-015-2485 Complaint by Private School Official (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 …

581-015-2490 Complaints and Due Process Hearings for Private School Children (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 childre…

581-015-2495 Funds and Property Not to Benefit Private Schools (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 edu…

581-015-2500 Use of Personnel (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 …

581-015-2505 Separate Classes Prohibited 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 publi…

581-015-2510 Property, Equipment, and Supplies (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 disabilitie…

581-015-2515 Reimbursement for Private Placement (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 e…

581-015-2530 Children and Young Adults Enrolled in Public Benefits or Insurance (1) For purposes of this rule: (a) “Child or young adult” has the meaning given that term in OAR 410-133-0040. (b) “Consent”: (A) For purposes of subsection (2)(a) of this rule, has the meaning given …

581-015-2535 Children with Disabilities Covered by Private Insurance (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 …

581-015-2540 Definitions for Regional Programs 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 …

581-015-2545 Administration of Regional Programs (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) Th…

581-015-2550 Eligibility for Regional Services (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…

581-015-2555 Referral for Regional Services 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 …

581-015-2560 Individualized Educational Program/Individualized Family Service Plan (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…

581-015-2565 Regional Program Services (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 res…

581-015-2570 Definitions and Purposes of Long-Term Care and Treatment (LTCT) Programs (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…

581-015-2571 Long-Term Care and Treatment (LTCT) Education Program Eligibility and Approval (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 t…

581-015-2572 Long-Term Care and Treatment (LTCT) Education Program Funding Formula (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 …

581-015-2573 Due Process Hearings for Long-Term Care and Treatment (LTCT) Education Programs (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 car…

581-015-2574 Resident District Obligations for Students in Long-Term Care and Treatment (LTCT) Education Programs (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 entit…

581-015-2575 School Programs in Private Hospitals (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 d…

581-015-2580 School Programs in State-Operated Hospitals (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 cente…

581-015-2585 Youth (Juvenile) Corrections Education and Juvenile Detention Education Programs (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 include…

581-015-2590 Required Days of Instruction for JDEP and YCEP 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 learnin…

581-015-2595 Education Programs for Children at Residential Youth Care Centers 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) "Consultati…

581-015-2600 Incarcerated Youth (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…

581-015-2605 Plans to Serve Students in Local or Regional Correctional Facilities 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 loca…

581-015-2610 Standards for Home, Hospital, Institutional or Other Regularly Scheduled Instruction (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…

581-015-2700 Definitions — EI/ECSE Program For the purposes of OAR 581-015-2700 to 581-015-2910, the definitions in this rule and 581-015-2000 apply. (1) "Assessment" means the ongoing procedures used by appropriate qualified personnel to identify the child’s unique strengths and…

581-015-2705 Establishment of Service Areas (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 c…

581-015-2710 Selection of Contractor (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 locati…

581-015-2712 Availability of Early Intervention Services 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 disab…

581-015-2713 Central Directory 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 interve…

581-015-2715 Role of Local Interagency Coordinating Council (LICC) (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:…

581-015-2720 Census and Data Reporting – EI/ECSE Program 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 dist…

581-015-2725 Compliance Monitoring – EI/ECSE Program 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 …

581-015-2730 Parent Consent for EI (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 pa…

581-015-2735 Parent Consent for ECSE (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…

581-015-2740 Exceptions to Parental Consent — EI/ECSE Program (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 admi…

581-015-2745 Prior Written Notice and Notice of Procedural Safeguards — EI/ECSE Program (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 chan…

581-015-2750 Parent Participation — General — EI/ECSE Program (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 pr…

581-015-2755 Additional Parental Participation Requirements for IFSP and Placement Meetings — EI/ECSE Program (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 pa…

581-015-2760 Surrogate Parents — EI/ECSE (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 subco…

581-015-2765 Independent Education Evaluation — ECSE (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 …

581-015-2770 Confidentiality of Records for Preschool Children with Disabilities 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…

581-015-2774 Referral Procedures and Early Intervention Screening Children must be referred to the lead agency for Child Find purposes as soon as possible, but in no case more than seven days after the child has been identified. (1) This applies to all referrals including infants…

581-015-2775 EI Evaluation (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…

581-015-2780 EI Eligibility (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 t…

581-015-2785 Provision of EI Services Before an Evaluation and Assessment Are Completed 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…