Preparing individualized education program or 504 Plan prior to placement; consultation; declaration that district cannot provide education; rules. (1) Prior to convening a meeting to prepare an individualized education program or an education plan developed in accordance with section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, for a child with an intellectual disability or a developmental disability for whom placement at the school operated under ORS 346.010 may be considered, the agency that is providing the education for the child shall notify the local community developmental disabilities program. The case manager responsible for programs for children with intellectual disabilities or developmental disabilities, in consultation with the Department of Human Services, shall evaluate whether the child also has needs for alternative residential care or other support services. If the evaluation determines this to be the case, but documents that community resources are not available to meet these needs, the school district may proceed with the meeting to prepare the individualized education program or education plan in which placement at the school operated under ORS 346.010 may be considered

(2) An agency providing education under subsection (1) of this section may initiate the procedure in subsection (1) of this section for any child who does not have an intellectual disability or a developmental disability when in the agency’s judgment a treatment or residential issue is prompting proposed placement under ORS 346.010.

(3) A child may not be placed in the school operated under ORS 346.010 unless:

(a) The district superintendent or the superintendent’s designee has signed a statement declaring that:

(A) For a child with an individualized education program, the district cannot provide a free appropriate public education for the child commensurate with the needs of the child as identified by the individualized education program of the child and that the school is the least restrictive environment in which the child can be educated.

(B) For a child with an education plan developed in accordance with section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, the district cannot make reasonable accommodations for the child commensurate with the needs of the child as identified in the education plan of the child.

(b) The parent or guardian of the child consents to the placement of the child, as provided by rules adopted by the State Board of Education.

(4) By rule, the State Board of Education shall determine procedures to be followed by local education agencies in carrying out this section. [1985 c.555 §5; 1989 c.491 §54; 2001 c.36 §2; 2001 c.900 §61; 2007 c.70 §114; 2007 c.858 §73; 2009 c.562 §26; 2009 c.595 §219; 2011 c.544 §3; 2013 c.1 §43; 2025 c.386 §8]