Embedded Files
2020 Procedure Manual
2020 Procedure Manual
Below you will find our current special education procedure manual. A Google Docs version is available here.
Sped FAQS
Sped FAQS
The purpose of the FAQ doc is to provide tips and answers to frequently asked questions regarding MRSD special education procedures, processes, and best practices. You can access the original document and make comments/ask questions here.
Child FindGeneral Child FindThe District implements an ongoing system to locate, identify and evaluate all children birth to 21 residing within its jurisdiction who have disabilities and need early intervention, early childhood special education, or special education services.The District identifies all children with disabilities, regardless of the severity of their disabilities, including children who are:Highly mobile, such as migrant and homeless children;Wards of the State;Indian preschool children living on reservations;Suspected of having a disability even though they advance from grade to grade;Home schooled;Attending private (religious or secular) school located within the boundaries of the school District;Attending a District charter school;Below the age of compulsory school attendance; or,Above the age of compulsory school attendance who have not graduated from high school with a regular diploma and have not completed the school year in which they reach their twenty-first birthday.Citations:OAR -581-015-2000 DefinitionsOAR 581-015-2080 Child FindOAR 581-015-2085 Child Find for Children Attending Private SchoolsOAR 581-015-2450 Definitions
Child Find ActivitiesThe District’s child find efforts include:Public awareness. District child find activities involve local media resources and direct contact activities, such as presentations at community meetings, business group meetings, service agencies, or advocacy organizations.The District provides information about special education services in the District and the District’s special education referral process to public and private facilities located in the District, including day care centers, homeless shelters, group homes, county jails, hospitals, medical offices, and other facilities that serve children birth to 21 years old.The District provides information about special education services and how to make a referral to any migrant education programs operating in the District.Notice of confidentiality. Before any major child find activity, the District publishes notice in newspapers or other media, or both, informing parents that confidentiality requirements apply to these activities. Circulation for this notice must be adequate to inform parents within the District’s jurisdiction.Staff awareness. The District ensures that staff members are knowledgeable about the characteristics of disabilities and the referral procedures for students, including preschool children, suspected of having disabilities.Communication to parents. District staff inform parents about the availability of special education and provide them with information about initiating referral for special education evaluation, including the information about early intervention/early childhood special education services (EI/ECSE) and the designated referral and evaluation agencies with which the District collaborates.Citations:OAR 581-015-2080 Child Find
Child Find and Private School Students with DisabilitiesThe District’s child find system applies to children, including those children who are residents of another state, enrolled by their parents in private schools, located within the boundaries of the school District.The District’s child find activities for private school students enrolled by their parents in private schools are similar to, and completed within a comparable time period, as child find activities for students in the District’s public schools.The District does not include the cost of conducting child find activities for private school students, including individual evaluations, in determining whether it has spent a proportionate share of its federal IDEA funds on parentally-placed private school students with disabilities.The District consults with private school representatives and parents of private school students with disabilities about how to carry out these child find activities, 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.The District child find process for parentally-placed private school students ensures the equitable participation of parentally-placed private school students with disabilities and an accurate count of such children. Citations: OAR 581-015-2085 Child Find for Children Attending Private Schools OAR 581-015-2480 Consultation with Representatives of Private School Children with Disabilities
Child Find and Home-Schooled Children with DisabilitiesThe District collaborates with the ESD that serves their District to ensure that the District responds promptly to information about home schooled children with suspected disabilities.The District collaborates with home schooling organizations in the District’s jurisdiction and provides information about special education services in the District and how to make a referral.If a District has reason to suspect that a home-schooled child has a disability, the District will obtain parent consent for initial evaluation. See Section 8 - Evaluation and Eligibility Citations: OAR 581-015-2080 Child Find OAR 581-021-0029 Home Schooling for Children with Disabilities
Free and Appropriate Public Education (FAPE)Student AdmissionThe District admits all resident school age children with disabilities and makes special education and related services available at no cost to those:Who have reached 5 years of age but have not yet reached 21 years of age on or before September 1 of the current school year, even if they have not failed or have not been retained in a course or grade or are advancing from grade to grade;Who have not graduated with a regular diploma;Who have been suspended or expelled in accordance with special education discipline provisions; or,Who reach age 21 before the end of the school year. These students remain eligible until the end of the school year in which they reach 21.The District determines residency in accordance with Oregon law.The District may, but is not required to, provide special education and related services to a student who has graduated with a regular diploma.The District provides a continuum of services to meet the individual special education needs of all resident children with disabilities, including resident children enrolled in District charter schools.State law prohibits the District from recommending to parents, or requiring a child to obtain, a prescription for medication to affect or alter thought processes, mood or behavior as a condition of attending school, receiving an evaluation to determine eligibility for early childhood special education or special education, or receiving special education services.If the IEP Team determines that placement in a public or private residential program is necessary to provide FAPE, the program, including non-medical care and room and board, must be at no cost to the parents of the child.Citations:OAR 581-015-2040 Free Appropriate Public Education (FAPE) and Age RangesOAR 581-015-2045 Age Limitations and Exceptions to FAPE;OAR 581-015-2410 Additional Disciplinary Removals of Up to 10 School Days Each (No Pattern);OAR 581-015-2415 Disciplinary Removals of More than 10 School Days (Pattern or Consecutive);OAR 581-015-2420 Manifestation DeterminationOAR 581-015-2425 Removal to an Interim Alternative Educational Setting by School DistrictOAR 581-015-2430 Removal to an Interim Alternative Educational Setting by School District (Injurious Behavior);OAR 581-015-2435 Requirements of an Interim Alternative Educational Setting;OAR 581-015-2440 Protections for Children Not Yet Eligible for Special Education;ORS 339.133-137 ResidencyORS 339.873 Recommendations on medication to affect or alter thought processes, mood or behavior prohibited; exceptions.
GraduationA student graduating with a regular high school diploma is no longer entitled to FAPE.The District provides prior written notice a reasonable time before a student with a disability graduates with a regular high school diploma.The District is not required to conduct a reevaluation before terminating eligibility due to graduation with a regular high school diploma.Graduation with an alternative document:The District may award an alternative document meeting the criteria of the State Board of Education alternative document to a student with a disability.Graduation with an alternative document does not terminate eligibility, require an evaluation, or require prior written notice.Citations:OAR 581-015-2045 Age Limitations and Exceptions to FAPE;OAR 581-015-2050 Graduation
Assistive TechnologyThe District makes assistive technology devices or assistive technology services, or both, available to a child with a disability if required as a part of the child’s special education, related services or supplementary aids and services.On a case-by-case basis, the District makes available assistive technology devices purchased by the school for use in a child’s home or in other settings when the child’s IEP team determines that the child needs access to those devices to receive a free appropriate public education.District policy governs:Liability, if any, for the loss or damage of assistive technology devices; and,Transfer of an assistive technology device when a child with a disability using the device ceases to attend school in the District that purchased the device. “Transfer” means the process by which a school District that has purchased an assistive technology device may sell, lease or loan the device for the continuing use of a child with a disability who is ceasing to attend school in the District.Citations:OAR 581-015-2055 Assistive Technology
Accessible MaterialsSchool Districts must ensure the timely provision of print instructional materials, including textbooks that comply with the National Instructional Materials Accessibility Standards (NIMAS) for students who are blind or print disabled.School Districts must ensure the timely provision of instructional materials in accessible formats to children who need instructional materials in accessible formats, including those children who are not blind or print disabled.Citations:OAR 581-011-0052 Accessible Instructional Materials RequiredOAR 581-015-2060 Accessible MaterialsOAR 581-022-1640 Instructional Materials
Extended School Year Services (ESY)The District provides extended school year services if the child’s IEP Team determines, on an individual basis, that the services are necessary for the provision of FAPE. Extended School Year services mean special education and related services that are provided to a child with a disability beyond the normal school year in accordance with the child’s IEP and are provided at no cost to the parents of the child.The purpose of ESY services is the maintenance of the child’s learning skills or behavior, not the teaching of new skills or behaviors.The District has established criteria for determining the need for ESY services. Criteria must include regression and recoupment time based on documented evidence or, if no documented evidence, on predictions according to the professional judgment of the team.The District may not limit ESY services to particular categories of disability or limit the type, amount, or duration of those services.Citations:581-015-2065 Extended School Year ServicesNonacademic ServicesThe District takes steps, including the provision of supplementary aids and services determined appropriate and necessary by the child's IEP Team, to provide nonacademic and extracurricular services and activities in the manner necessary to afford children with disabilities an equal opportunity for participation in those services and activities.Nonacademic and extracurricular services and activities may include meals, recess periods, counseling services, athletics, transportation, health services, recreational activities, special interest groups or clubs sponsored by the school District, referrals to agencies that provide assistance to individuals with disabilities, and employment of students, including both employment by the school District and assistance in making outside employment available.The District ensures that each child with a disability participates with nondisabled children in the extracurricular services and activities to the maximum extent appropriate to the needs of each individual child.Citations:OAR 581-015-2070 Nonacademic Services
Physical EducationThe District makes physical education services, specially designed if necessary, available to every child with a disability receiving FAPE, unless the school enrolls children without disabilities and does not provide physical education to children without disabilities in the same grade.The District provides the opportunity to each child with a disability to participate in the regular physical education program available to nondisabled children unless the child needs specially designed physical education as prescribed in the child’s IEP.If specially designed physical education is included in the child’s IEP, the District must provide the services directly or make arrangements for those services to be provided through other public or private programs.If the child with a disability is enrolled full time in a separate facility, the District must ensure that the child receives appropriate physical education services.Citations:34 CFR §300.108 Physical education
Charter SchoolsThe District serves resident children with disabilities attending charter schools sponsored by the District in the same manner and in accordance with applicable laws and rules governing the District’s provision of services to children with disabilities in its other schools.The District convenes an IEP meeting as soon as possible following notification by the charter school that a student with a disability has enrolled.The District provides supplementary and related services on site at the District’s charter school to the same extent to which the school District has a policy or practice of providing such services on the site to its other public schools.The District ensures that resident children attending charter schools not sponsored by the District are provided special education and related services in accordance with ORS 338.165.If a child with a disability enrolls in a charter school, the charter school is considered the school the child would attend if not disabled. Enrollment in any charter school is by parent choice. Enrollment in an out-of-District charter school does not require an interdistrict transfer agreement.Citations:OAR 581-015-2075 Charter SchoolsORS 338.165 Charter Schools – Special Education Students
FAPE for Individuals Convicted and Incarcerated as AdultsThe District has 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.FAPE for individuals with disabilities 18 through 21 years old convicted and incarcerated as adults in an adult correctional facility is limited to those who, in their last educational placement, including in juvenile correctional facilities before their incarceration in the adult correctional facility:Were identified as being a child with a disability defined in accordance with Oregon rule; or,Had an individualized education program (IEP).The District provides FAPE for students with disabilities ages 18 through 21 incarcerated as adults in an adult correctional facility if, in the last educational setting before their incarceration:Were identified as students eligible for special education; and,Had an IEP.The District’s provision of FAPE does not include:The requirements relating to participation of children with disabilities in statewide and school District assessments.For students whose eligibility for services will end before their release, the requirements related to transition planning and transition service do not apply. The District makes this determination based on considerations of the sentence and eligibility for early release. 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.The IEP team may modify the student's IEP or placement if the State has demonstrated a bona fide security or compelling penological interest that cannot otherwise be accommodated. Least restrictive environment requirements do not apply with respect to these modifications.The public agency responsible for the special education of students in an adult correctional facility is not required to provide notice of meetings to the parent after rights transfer to the student. Citations: OAR 581-015-2000 Definitions OAR 581-022-2045 Age Limitations and Exceptions to FAPE OAR 581-015-2200 Content of IEP OAR 581-015-2205 IEP Team Considerations and Special Factors OAR 581-015-2210 IEP Team OAR 581-015-2215 Oregon Standard IEP OAR 581-015-2220 When IEPs Must Be in Effect OAR 581-015-2225 Review and Revision of IEPs OAR 581-015-2230 Transfer Students OAR 581-015-2235 School District and Participating Agency Responsibilities for Transition Services OAR 581-015-2240 Requirements for Least Restrictive Environment OAR 581-015-2325 Transfer of Procedural Rights at Age of Majority OAR 581-015-2600 Incarcerated Youth OAR 581-015-2605 Plans to Serve Students in Local or Regional Correctional Facilities
Evaluation and EligibilityDistrict Responsibility for Evaluation and Eligibility Determination A. Molalla River School District (MRSD) is responsible for evaluating and determining eligibility for special education services for school-age children.MRSD staff are responsible for evaluating children who may be eligible for Early Intervention/Early Childhood Special Education (EI/ECSE) services. MRSD is responsible for determining eligibility. Upon completion of the evaluation, MRSD staff provides the parent or eligible child a copy of the evaluation report at no cost. The evaluation report describes and explains the results of the evaluation (see https://drive.google.com/open?id=0ByaqZiMi9NhcWVdrZmhDbU56Qjg for report templates). It is best practice for cognitive and academic results to be presented in the same report, as this allows for examination of patterns of strengths and weaknesses. When possible, a translated copy of evaluation report summaries should be provided to parents whose primary language is not English (contact MRSD District Translator for more information regarding translation services for Spanish speaking parents; contact translation and ELL services coordinator for interpretation and translation requests in languages other than Spanish).Upon completion of the eligibility determination, MRSD staff provide the parent or eligible child documentation of eligibility determination at no cost. MRSD staff offer interpretation services during eligibility meetings for parents whose primary language is not English (contact translation and ELL services coordinator for interpretation and translation requests in languages other than Spanish).MRSD conducts a comprehensive evaluation or reevaluation before: Determining that a child has a disability;Determining that a child continues to have a disability;Changing the child’s eligibility;Providing special education and related services,Terminating the child’s eligibility for special education, unless the termination is due to graduation from high school with a regular diploma or exceeding the age of eligibility for a free appropriate public education.Prior to terminating a student’s eligibility, three or more sources of data should be identified indicating the student is meeting grade level expectations in all academic areas. For example, Report cards (Meets or above)State Testing (meets current year or 25th percentile or above prior year)At least 4 grade level work samples that meet expectationAt least 4 CBMs (25th percentile or above)When sufficient data is not available, standardized academic skill assessment should be completed (~17th percentile or above supports termination) Before conducting any evaluation or reevaluation, MRSD staff: Plans the evaluation with a group that includes the parent(s). Each specialist involved in the evaluation adds their recommended tests and tests descriptions into the Parent Permission form in Synergy;Provides prior written notice to the parent that describes any proposed evaluation procedures the agency proposes to conduct as a result of the evaluation planning process; and,Obtains informed written consent for evaluation. Citations: OAR 581-015-2045 Age Limitations and Exceptions to FAPEOAR 581-015-2090 ConsentOAR 581-015-2095 Exceptions to ConsentOAR 581-015-2100 Responsibility for Evaluation and Eligibility DeterminationOAR 581-015-2105 Evaluation and Reevaluation RequirementsOAR 581-015-2110 General Evaluation and Reevaluation ProceduresOAR 581-015-2115 Evaluation PlanningOAR 581-015-2120 Determination of EligibilityOAR 581-015-2130 Autism Spectrum DisorderOAR 581-015-2135 Communication DisorderOAR 581-015-2140 DeafblindnessOAR 581-015-2145 Emotional DisturbanceOAR 581-015-2150 Hearing ImpairmentOAR 581-015-2155 Mental RetardationOAR 581-015-2160 Orthopedic ImpairmentOAR 581-015-2165 Other Health ImpairmentOAR 581-015-2170 Specific Learning DisabilityOAR 581-015-2175 Traumatic Brain InjuryOAR 581-015-2180 Vision ImpairmentOAR 581-015-2310 Prior Written NoticeOAR 581-015-2790 ECSE EvaluationOAR 581-015-2795 ECSE Eligibility Request for Initial Evaluation Consistent with its child find and parent consent obligations, MRSD staff respond promptly to requests initiated by a parent or public agency for an initial evaluation to determine if a child is a child with a disability. Upon receiving a request from a parent or public agency for an initial evaluation, MRSD staff designates a team to determine whether an initial evaluation will be conducted. MRSD staff team includes the parent and at least two professionals, at least one of whom is a specialist knowledgeable and experienced in the evaluation and education of children with disabilities. The team may make the decision to evaluate with or without a meeting.MRSD staff documents team member’s input, including parents, whether or not MRSD staff convenes a meeting.If a meeting is held, MRSD staff invites parents to participate.If MRSD staff agency refuses an evaluation requested by the parent, MRSD staff provides the parent with prior written notice of its refusal to conduct an evaluation.MRSD staff acknowledges the parent’s right to challenge its refusal to conduct an evaluation.The initial evaluation consists of procedures To determine if the child has a disability; and,To identify the child’s educational needs.MRSD staff conducts the initial evaluation within 60 school days of receiving parental consent for evaluation, unless: MRSD staff and the parents agree in writing to extend the timeline for an evaluation to determine eligibility for specific learning disabilities; The child moves from another school district during the evaluation, MRSD staff is making sufficient progress to ensure a prompt completion of the evaluation, and the parent and MRSD staff agree in writing to a specific time when the evaluation will be completed. The parent repeatedly fails or refuses to produce the child for the evaluation (e.g., student misses 2 scheduled evaluation appointments, student is absent from school for 2 weeks or more). Citations:OAR 581-015-2080 Child FindOAR 581-015-2090 ConsentOAR 581-015-2095 Exceptions to ConsentOAR 581-015-2105 Evaluation and Reevaluation RequirementOAR 581-015-2110 General Evaluation and Reevaluation ProcedureOAR 581-015-2115 Evaluation PlanningOAR 581-015-2170 Specific Learning DisabilityOAR 581-015-2190 Parent Participation RequirementsOAR 581-015-2345 Hearing Request and Response Reevaluation MRSD staff conducts reevaluations: When the educational or related services’ needs, including improved academic achievement and functional performance, of the child warrant a reevaluation;When the child’s parents or teacher requests a reevaluation; andAt least every three years, unless that parent and MRSD staff agree that a reevaluation is unnecessary. MRSD staff does not conduct reevaluation more than once a year, unless the parent and District agree otherwise.MRSD school psychologists compile a calendar in September to outline all students who will be due for a re-evaluation during the current school year and by October 30th the following year, with exception for students with communication disorder who receive speech and language services exclusively. They develop lists of students to review on campuses and notify case managers, specialists (e.g., SLP, OT, PT) who will be involved in evaluations, and the special education director of the projected meeting dates and times. Case managers send re-evaluation forms, such as parent and teacher input forms, so that they will be available well in advance of the meeting. MRSD school psychologists complete the reevaluation planning form, share it with all relevant Multi-Disciplinary (case manager and evaluation personnel) team (MDT) members, and MDT members review the completed form and add any missing information. MDT meetings are generally scheduled once per month between October and March. MDT meetings in February and March should include students who will have evaluations due by 10/30/XX to move them forward into the current school year, and an annual IEP will be held before the end of the school year to review evaluation findings and determine appropriate programming. MDT meetings:Should spend ~15 minutes reviewing each student’s information and related recommendations.Parents/guardians are offered the opportunity to have their written input read aloud. Alternatively, they may provide input during the first few minutes of their student’s MDT meeting by phone or in person. Parent input is documented and in meeting minutesMDT team members review all previous information and put requested tests into the Parent Permission form in Synergy. If an MDT member is unable to make a meeting, they provide their input in an email or other written form. If parents agree with the MDT recommendations, they are sent a copy of the documents. Parents sign and return the parent permission page to the campus. If parents do not agree with the recommendations of the MDT, an evaluation planning meeting is scheduled.If decision is made to conduct a file review and observation only, an eligibility meeting must be held prior to the reevaluation due date to review recommendation and accept recommendations. A student may be reassessed prior to their three-year reevaluation at parent request and under the following circumstances (the following list is not exhaustive):Information is obtained during the course of an evaluation suggesting additional testing should be completed (e.g., extremely low IQ, signs of emotional disturbance or ADHD that were not reported at the time of referral, etc.). When adequate time is available in the original evaluation timeline, evaluation staff should work with the learning specialist to contact parent, make them aware of the need and rationale for additional testing, and obtain expanded consent (i.e., add test names and descriptions to original consent and have parent initial and date beside them to indicate agreement with the modification). Student displays significant signs of regressionStaff have progress monitoring data indicating the student may no longer be eligible or has additional needs that are not addressed by their current IEPIEP goals are met early or there is no progress on IEP goals over a 6-month periodProgress monitoring data indicates a significant increase or decrease in inappropriate behaviorsStaff think a change of placement may be appropriateCitations:OAR 581-015-2105 Evaluation and Reevaluation RequirementsOAR 581-015-2110 General Evaluation and Revaluation Procedures Evaluation Planning: MRSD staff, or designated referral and evaluation agency for preschool children, ensures that, as part of an initial evaluation (if appropriate), the child’s IEP or IFSP team, including the parents, and other qualified professionals, as appropriate, review and document their review of existing evaluation data on the child, including: Evaluations and information provided by the child’s parent(s);Current classroom-based, local, or state assessments, and classroom-based observations; and,Observations by teachers and related services providers.Specialists (e.g., school psychologist, speech and language pathologist, occupational therapist, physical therapist) must be invited to evaluation planning meetings when it is known in advance that their testing will be needed. When students’ are receiving related services (e.g., speech and language pathology, occupational therapy, physical therapy), a member of the related service they are receiving should be invited to evaluation planning.If additional evaluation comes up during a meeting and the discipline that would be involved is not present, you must adjourn the meeting until that discipline can be present or take a break and call the discipline member to see if they can participate by phone or come to the meeting. On the basis of that review and input from the child’s parents, identify what additional data, if any, are needed to determine: Whether the child has a disability;The child’s present levels of academic achievement and related developmental needs; Whether the child needs, or continues to need, EI/ECSE or special education and related services; and,For reevaluation, whether the child needs any additions or modifications to special education and related services or, for a preschool child, any additions or modifications to ECSE services: To enable the child to meet the measurable annual goals in the child’s IEP or IFSP; and,To participate, as appropriate, in the general education curriculum or, for preschool children, appropriate activities. Citations:
OAR 581-015-2115 Evaluation PlanningEvaluation Procedures MRSD staff assesses the child in all areas related to the suspected disability, including, if appropriate, health, vision, hearing, social and emotional status, general intelligence, academic performance, communicative status, and motor abilities;The evaluation is sufficiently comprehensive to identify all of the child’s special education and related services needs, whether or not commonly linked to the disability category in which the child has been classified.MRSD staff ensures that assessments and other evaluation materials, including those tailored to assess specific areas of educational need, used to assess a child: Are selected and administered so as not to be discriminatory on a racial or cultural basis (see MRSD Nondiscriminatory Assessment Guidance Document at https://drive.google.com/open?id=1_qyJ_2iHiqihNsNPibeV_04q9Had582RXMwjAvE6zIg);Are provided and administered in the child’s native language or other mode of communication and in the form most likely to yield accurate information on what the child knows and can do academically, developmentally, and functionally, unless it is clearly not feasible to do so;Are used for the purposes for which the assessments or measures are valid and reliable;Are administered by trained and knowledgeable personnel; and,Are administered in accordance with any instructions provided by the producer of the assessments.MRSD staff selects and administers assessments to ensure that if an assessment is administered to a child with impaired sensory, manual, or speaking skills, the assessment results accurately reflect the child’s aptitude or achievement level or whatever other factors the test purports to measure, rather than reflecting the child’s impaired sensory, manual, or speaking skills (unless those skills are the factors that the test purports to measure).MRSD staff uses technically sound instruments that may assess the relative contribution of cognitive and behavioral factors, in addition to physical or developmental factors.MRSD staff does not use any single measure or assessment as the sole criterion for determining whether a child is a child with a disability and for determining an appropriate educational program for the child. When an independent or outside evaluation report is shared with an MRSD staff member (e.g., in the context of an evaluation planning, eligibility or IEP meeting), the evaluation report becomes a part of the collected information used for considering eligibility and educational needs. Case managers should consult with specialists (e.g., speech and language pathologist, occupational therapist, school psychologist) to best understand the report findings and recommendations. Meeting notes should reflect that the outside evaluation was considered and a copy of the evaluation report should be kept in the students record. When an outside evaluation contains information that may be inappropriate for the student’s record (e.g., refers to medical or mental health issues of family members, etc.), the case manager or a respective specialist may choose to summarize the report for inclusion in the academic record. If parent has not returned information or there is outstanding information, the evaluation report still must be completed by the due date. If assessment information (e.g., parent rating scales) is received at the eligibility meeting, a report addendum is written within 30 calendar days. Citations: OAR 581-015-2110 General Evaluation and Reevaluation ProceduresOAR 581-015-2130 Autism Spectrum DisorderOAR 581-015-2135 Communication DisorderOAR 581-015-2140 DeafblindnessOAR 581-015-2145 Emotional DisturbanceOAR 581-015-2150 Hearing ImpairmentOAR 581-015-2155 Mental RetardationOAR 581-015-2160 Orthopedic ImpairmentOAR 581-015-2165 Other Health ImpairmentOAR 581-015-2170 Specific Learning DisabilityOAR 581-015-2175 Traumatic Brain InjuryOAR 581-015-2180 Vision ImpairmentOAR 581-015-2790 ECSE EvaluationRequirements If Additional Evaluation Data Are Not Needed to Determine Eligibility If the child’s IEP or IFSP team determines that no additional data are needed to determine whether the child is or continues to be a child with a disability, and to determine the child’s educational and developmental needs, MRSD staff provides prior written notice of that decision, the reasons for it, and the right of parents to request an assessment. When the IEP or IFSP team determines that no additional data are needed to determine eligibility, MRSD staff does not conduct an assessment of the child unless requested to do so by the parents. Citations: OAR 581-015-2115 Evaluation PlanningEvaluation Procedures for Transfer Students When a child with disabilities transfers from one school district to another school district in the same school year, MRSD staff coordinates with the previous school district to complete any pending assessments as quickly as possible.Citations:OAR 581-015-2110 General Evaluation and Reevaluation ProceduresEligibility DeterminationThe evaluation includes information provided by the parent and a variety of assessment tools and strategies to gather relevant functional, developmental, and academic information about the child that assist in determining: Whether the child has a disability; and,The content of the child’s IEP, including information related to enabling the child to be involved in and progress in the general education curriculum (or for a preschool child, to participate in appropriate activities.Once evaluation is completed, MRSD staff designates an eligibility team to determine whether the child is eligible for special education services. This team includes:Two or more professionals, one of whom will be knowledgeable and experienced in evaluating and teaching students with the suspected disability; and,The student’s parent(s).For consideration of eligibility in the area of specific learning disabilities, MRSD staff eligibility team includes: A group of qualified professionals and the parent;The child's regular classroom teacher or, if the child does not have a regular classroom teacher, a regular classroom teacher qualified to teach a child of his or her age, or, for a child of less than school age, a preschool teacher; and,A person qualified to conduct individual diagnostic examinations of children, such as a school psychologist, speech-language pathologist, or other qualified professional. In interpreting evaluation data, each District team carefully considers and documents information from a variety of sources, including but not limited to, aptitude and achievement tests, teacher recommendations, physical condition, social or cultural background and adaptive behavior and all required elements of the evaluation.Each eligibility team prepares a written eligibility statement that includes:Identification of the evaluation data considered in determining the child’s eligibility, including the required evaluation components for the disability under consideration; A determination of whether the child meets the minimum evaluation criteria for one or more of the disability categories in Oregon Administrative Rule; A determination of whether the primary basis for the suspected disability is: A lack of appropriate instruction in reading (including the essential components of reading) or math; or,Limited English proficiency; A determination of whether the child's disability has an adverse impact on the child's educational performance; A determination of whether, as a result of the disability, the child needs special education services;The signature of every team member and an indication of whether each agrees with the eligibility determination;For a child suspected of having a specific learning disability, the team's written report includes additional specific documentation as required by Oregon Administrative Rule. The team does not find a child eligible as a child with a disability if:The determinant factor for that eligibility decision is: Lack of appropriate instruction in reading, including the essential components of reading instruction, or lack of appropriate instruction in math; or, Limited English proficiency; and,The child does not otherwise meet the eligibility criteria found in Oregon Administrative Rule for the category(ies) of disability under consideration. The team finds a child eligible if the child has a disability and needs special education and related services, even though the child is advancing from grade to grade. MRSD staff evaluates the child in all areas related to the suspected disability or disabilities, and the child's IEP addresses all of the child's special education needs. Citations:OAR 581-015-2120 Determination of EligibilityOAR 581-015-2125 Interpretation of Evaluation Data OAR 581-015-2130 Autism Spectrum DisorderOAR 581-015-2135 Communication DisorderOAR 581-015-2140 DeafblindnessOAR 581-015-2145 Emotional DisturbanceOAR 581-015-2150 Hearing ImpairmentOAR 581-015-2155 Mental RetardationOAR 581-015-2160 Orthopedic ImpairmentOAR 581-015-2165 Other Health ImpairmentOAR 581-015-2170 Specific Learning DisabilityOAR 581-015-2175 Traumatic Brain InjuryOAR 581-015-2180 Vision Impairment
Individualized Education Program (IEP)General IEP informationThe District ensures that an IEP is in effect for each eligible student:Before special education and related services are provided to a student, and,At the beginning of each school year for each student with a disability for whom the District is responsible.The District implements all the special education and related services, including program modifications, supports, and/or supplementary aids and services, as identified on the IEP.At least one year before a student reaches the age of majority (student reaches the age of 18, or has married or been emancipated, whichever occurs first), a statement that the District has informed the student that all procedural rights will transfer at the age of majority; and,If identified transition service providers, other than the District, fail to provide any of the services identified on the IEP, the District will initiate an IEP meeting as soon as possible to address alternative strategies, and revise the IEP if necessary.Citations:OAR 581-015-2000 DefinitionsOAR 581-015-2190 Parent Participation - GeneralOAR 581-015-2200 Content of IEPOAR 581-015-2205 IEP Team Considerations and Special FactorsOAR 581-015-2225 Review and Revision of IEPsOAR 581-015-2235 School District and Participating Agency Responsibilities for Transition Services
A statement of measurable annual goals, including academic and functional goals, or for students whose performance is measured by alternate assessments aligned to alternate achievement standards, statements of measurable goals and short term objectives. The goals and, if appropriate, objectives:Meet the student’s needs that are present because of the disability, or because of behavior that interferes with the student’s ability to learn, or impedes the learning of other students;Enable the student to be involved in and progress in the general curriculum, as appropriate; and,Clearly describe the anticipated outcomes, including intermediate steps if appropriate, that serve as a measure of progress toward the goal.A statement of the special education, related services, related services, supplementary aids and services that the District provides to the student.The District bases special education and related services, modifications, and supports on peer-reviewed research to the extent practicable to assist students in advancing toward goals, progressing in the general curriculum, and participating with other students (including those without disabilities) in academic, non-academic, and extracurricular activities .Each statement of special education services, related or supplementary services, aids, modifications, or supports includes a description of the inclusive dates, amount or frequency, location, and who is responsible for implementation.A statement of the extent, if any, to which the student will not participate with nondisabled students in regular academic, non-academic, and extracurricular activities.A statement of any individual modifications and accommodations in the administration of State or District-wide assessments of student achievement,A student will not be exempt from participation in State or District-wide assessment, because of a disability unless the parent requests an exemption.If the IEP team determines that the student will take an alternate assessment in any area instead of a regular State or district-wide assessment, a statement of why the student cannot participate in the regular assessment and why the alternate assessment selected is appropriate for the student.A statement describing how the District will measure student’s progress toward completion of the annual goals and when periodic records on the student’s progress toward the annual goals will be provided.Citations:OAR 581-015-2200 Content of IEPOAR 581-021-0612 Exception of Students with Disabilities from State Assessment Testing
The District uses:The Oregon Standard IEP or,An IEP form that has been approved by the Oregon Department of Education.The District develops and implements all provisions of the IEP as soon as possible following the IEP meeting.The IEP will be accessible to each of the student's regular education teacher(s), the student's special education teacher(s), and the student's related services provider(s), and other service provider(s).The District informs all teachers and service providers of their specific responsibilities for implementing the IEP accommodations, modifications, and/or supports that must be provided for or on behalf of the student to fully implement the IEP, including any amendments the District and parents agreed to make between annual reviews.The District takes steps to ensure that parents are present at each IEP meeting or have the opportunity to participate through other means.The District takes whatever action is necessary to ensure that parents understand the proceedings of the IEP team meeting, including arranging for an interpreter for parents with deafness or whose native language is other than English.The District provides a copy of the IEP to the parents at no cost.Citations:OAR 581-015-2200 Content of IEPOAR 581-015-2220 When IEPs Must be in Effect;OAR 581-015-2205 IEP Team Considerations and Special Factors;OAR 581-015-2215 Oregon Standard IEP;OAR 581-015-2190 Parent Participation – General;OAR 581-015-2195 Additional Parent Participation Requirements for IEP and Placement Meetings
Student participation:Whenever appropriate, the student with a disability is a member of the team.If the purpose of the IEP meeting includes consideration of postsecondary goals and transition services for the student, the District includes the student in the IEP team meeting.If the purpose of the IEP meeting includes consideration of postsecondary goals and transition services for the student, and the student does not attend the meeting, the District will take other steps to consider the student’s preferences and interests in developing the IEP.Participation by other agencies:With parent or adult student written consent, and where appropriate, the District invites a representative of any other agency that is likely to be responsible for providing or paying for transition services if the purpose of the IEP meeting includes the consideration of transition services (beginning at age 16, or younger if appropriate); and,If the District refers or places a student in an ESD, State operated program, private school or other educational program, IEP Team membership includes a representative from the appropriate agencies. Participation may consist of attending the meeting, conference call, or participating through other means.Citations: OAR 581-015-2195 Additional Parent Participation Requirements for IEP and Placement MeetingsOAR 581-015-2200 Content of IEPOAR 581-015-2210 IEP TeamOAR 581-015-2260 Rights of Children with Disabilities in Private Schools Placed or Referred by Public AgenciesOAR 581-015-2265 Obligations of Public Agencies that Contract with Approved Private SchoolsOAR 581-015-2275 Standards for Approval of Private PreschoolsOAR 581-015-2295 Out-of-State Placements for Special EducationIn developing, reviewing, and revising the student’s IEP, the IEP team considers the following special factors:The communication needs of the student; and,The need for assistive technology services and/or devices.As appropriate, the IEP team also considers the following special factors:For a student whose behavior impedes his or her learning or that of others, strategies, positive behavioral intervention, and supports to address that behavior;For a student with limited English proficiency, the language needs of the student as those needs relate to the IEP;For a student who is blind or visually impaired, instruction in Braille and the use of Braille unless the IEP team determines (after an evaluation of reading and writing skills, needs, and appropriate reading and writing media, including evaluation of future needs for instruction in Braille or the use of Braille), that instruction in Braille or the use of Braille is not appropriate; and,For a student who is deaf or hard of hearing, the student’s language and communication needs, including opportunities for direct communication with peers and professional personnel in the student’s language and communication mode, academic level, and full range of needs, including opportunities for direct instruction in the student’s language and communication mode.A statement of any device or service needed for the student to receive a Free Appropriate Public Education (FAPE).In addition to the above IEP contents, the IEP for each eligible student of transition age includes:Beginning not later than the first IEP to be in effect when the student turns 16, or younger if determined appropriate by the IEP team, and updated annually, thereafter, the IEP must include:Appropriate measurable postsecondary goals based upon age appropriate transition assessments related to training education, employment, and where appropriate, independent living skills; andThe transition services (including courses of study) need to assist the student in reaching those goals.The District does not limit consideration of ESY services to particular categories of disability or unilaterally limit the type, amount, or duration of service.The District provides ESY services to maintain the student’s skills or behavior, but not to teach new skills or behaviors.The District’s criteria for determining the need for extended school year services include:Regression (a significant loss of skills or behaviors) and recoupment time based on documented evidence or,If no documented evidence, on predictions according to the professional judgment of the team."Regression" means significant loss of skills or behaviors in any area specified on the IEP as a result of an interruption in education services;"Recoupment" means the recovery of skills or behaviors specified on the IEP to a level demonstrated before the interruption of education services.Citations:OAR 581-015-2065 Extended School Year
Out of state:If a student transfers into the District with a current IEP from a school district in another state, the District, in consultation with the student’s parents, will provide a free appropriate public education to the student, including services comparable to those described in the student's IEP from the previous District, until the new District:Conducts an initial evaluation (if determined necessary by the new District to determine Oregon eligibility) with parent consent and determines whether the student meets eligibility criteria described in Oregon Administrative Rules.If the student is eligible under Oregon criteria, the District develops, adopts and implements a new IEP for the student using the Oregon Standard IEP or an approved alternate IEP.If the student does not meet Oregon eligibility criteria, the District provides prior written notice to the parents explaining that the student does not meet Oregon eligibility criteria and specifying the date when special education services will be terminated.Citations:OAR 581-015-2230 Transfer StudentsOAR 581-015-2225 Review and Revision of IEPsOAR 581-015-2220 When IEPs Must Be in EffectThe IEP team may modify the student’s IEP, if the State has demonstrated a bona fide security or other compelling interest that cannot be otherwise accommodated.IEP TeamThe District’s IEP Team members include the following:The student’s parent(s);The student, if the purpose of the IEP meeting is to consider the student’s postsecondary goals and transition services (beginning for IEPs in effect at age 16), or for younger students, when appropriate;At least one of the student’s special education teachers or, if appropriate, at least one of the student’s special education providers;At least one of the student’s regular education teachers, if the student is or may be participating in the regular education environment. If the student has more than one regular education teacher, the school District will determine which teacher or teachers will participate.A representative of the District (who may also be another member of the team), who is qualified to provide or supervise the provision of special education and is knowledgeable about the general curriculum and about District resources. The representative of the District will have the authority to commit District resources, and be able to ensure that all services identified in the IEP can be delivered.An individual, who may also be another member of the team, who can interpret the instructional implications of the evaluation results; andAt the discretion of the parent or District, other persons who have knowledge or special expertise regarding the student.IEP MeetingsThe District conducts IEP meetings within 30 calendar days of the determination that the student is eligible for special education and related services.The District convenes IEP meetings for each eligible student periodically, but not less than once per year.At IEP meetings, the Team reviews and revises the IEP to address any lack of expected progress toward annual goals and in the general curriculum, new evaluation data or new information from the parents, the student’s anticipated needs, or the need to address other matters.Between annual IEP meetings, the District and the parent may amend or modify the student’s current IEP without convening an IEP team meeting using the procedures in the Agreement to Amend or Modify IEP subsection.When the parent requests a meeting, the District will either schedule a meeting within a reasonable time or provide timely written prior notice of the District’s refusal to hold a meeting.If an agency, other than the District, fails to provide agreed upon transition services contained in the IEP, the District convenes an IEP meeting to plan alternative strategies to meet the transition objectives and, if necessary, to revise the IEP.The District provides prior written notice to the parent upon completion of the IEP and before implementation of IEP services,Citations:OAR 581-015-2190 Parent Participation – General;OAR 581-015-2195 Additional Parent Participation Requirements for IEP and Placement MeetingsOAR 581-015-2220 When IEPs Must be in Effect;OAR 581-015-2225 Review and Revision of IEPsOAR 581-015-2310 Prior Written NoticeOAR 581-015-2230 Transfer StudentsOAR 581-015-2235 School District and Participating Agency Responsibilities for Transition Services.
IV. Agreement for Nonattendance and ExcusalIEP ContentIn developing the IEP, the District considers the student’s strengths, the parent’s concerns, the results of the initial or most recent evaluation, and the academic, developmental, and functional needs of the student.The District ensures that IEPs for each eligible student include:A statement of the student’s present levels of academic achievement and functional performance that:Includes a description of how the disability affects the student’s progress and involvement in the general curriculum;Describes the results of any evaluations conducted, including functional and developmental informationIs written in language that all IEP Team members, including parents, understand;Is clearly linked to each annual goal statement.Agreement to Amend or Modify IEPBetween annual IEP meetings, the District and the Parent may agree to make changes in the student’s current IEP without holding an IEP meeting. These changes require a signed, written agreement between the District and the parent.The District and the parent record any amendments, revisions, or modifications on the student’s current IEP. If additional IEP pages are required, these pages must be attached to the existing IEP.The District files a complete copy of the IEP with the student’s education records and informs the student’s IEP team and any teachers or service providers of the changes.The District provides the parent prior written notice of any changes in the IEP and, upon request, provides the parent with a revised copy of the IEP with the changes incorporated.Citations:OAR 581-015-2225 Review and Revision of IEPs
Extended School Year ServicesThe District makes extended school year (ESY) services available to all students for whom the IEP Team has determined that such services are necessary to provide a free appropriate public education (FAPE) andESY services are:Provided to a student with a disability in addition to the services provided during the typical school year;Identified in the student’s IEP; and,Provided at no cost to the parent.Assistive TechnologyThe District ensures that assistive technology devices or assistive technology services, or both, are made available if they are identified as part of the student’s IEP. These services and/or devices may be part of the student’s special education, related services, or supplementary aids and services.On a case-by-case basis, the District permits the use of school purchased assistive technology devices in the student’s home or in other settings if the student’s IEP team determines that the student needs access to those devices to receive a free appropriate public education. In these situations, District policy will govern liability and transfer of the device when the student ceases to attend the District.Citations:OAR 581-015-2055 Assistive Technology
Transfer StudentsIn state:If a student with a disability (who had an IEP that was in effect in a previous school District in Oregon) transfers into the District, and enrolls in a District school within the same school year, the District (in consultation with the student’s parents) provides a free appropriate public education to the student (including services comparable to those described in the student's IEP from the previous District), until the District either:Adopts the student's IEP from the previous school District; orDevelops, adopts and implements a new IEP for the student in accordance with all of the IEP provisions.Incarcerated YouthFor students with disabilities who are convicted as adults, incarcerated in adult correctional facilities, and otherwise entitled to FAPE, the following IEP requirements do not apply:Participation of students with disabilities in State and District-wide assessment; and,Transition planning and transition services, for students whose eligibility will end because of their age before they will be eligible to be released from the adult correctional facility based on consideration of their sentence and eligibility for early release.The District and the parent may consent to excuse an IEP team member from attending an IEP meeting, in whole or in part, when the meeting involves a discussion or modification of team member’s area of curriculum or service. The District designates specific individuals to authorize excusal of IEP team members.If excusing an IEP team member whose area is to be discussed at an IEP meeting, the District ensures:The parent and the District consent in writing to the excusal;The team member submits written input to the parents and other members of the IEP team before the meeting; andThe parent is informed of all information related to the excusal in the parent’s native language or other mode of communication according to consent requirements.Citations:OAR 581-015-2000 DefinitionsOAR 581-015-2210 IEP TeamOAR 581-015-2090 Consent
IEP Team Considerations and Special FactorsIn developing, reviewing, and revising the IEP, the IEP team considers:The strengths of the student and concerns of the parent for enhancing the education of the student;The results of the initial or most recent evaluation of the student;The academic, developmental and functional needs of the student; and,As appropriate, the results of the student’s performance on any general State or District-wide assessments.Citations:OAR 581-015-2600 Incarcerated Youth
Least Restrictive EnvironmentLeast Restrictive EnvironmentTo the maximum extent appropriate, students with disabilities, including children in public or private institutions or other care facilities, are educated with students who are non-disabled; and,Special classes, separate schooling, or other removal of students with disabilities from the regular educational environment occurs only if the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.Citations:OAR 581-015-2240 Requirements for Least Restrictive Environment
Placement of the StudentThe placement decision for each eligible student:Is made by a group of persons, including the parents, and other persons knowledgeable about the student, the meaning of the evaluation data, and the placement options;Is made in conformity with the Least Restrictive Environment requirements;Is determined at least once every 365 days;Is based on the student’s IEP; andIs as close as possible to the student’s home.The student is educated in the school that he or she would attend if nondisabled unless the services identified in the IEP cannot feasibly be provided in this setting.A continuum of placement options is available to meet the needs of students with disabilities for special education and related services.The continuum includes instruction in regular classes (with special education and related services, and/or supplementary aids and services as identified on the IEP), special classes, special schools, home instruction, and instruction in hospitals and institutions.Placement options, including instruction in regular classes, special classes, special schools, home instruction, and instruction in hospitals and institutions are available to the extent necessary to implement the individualized education program for each student with a disability.Placement teams select the least restrictive environment for each student, using the following decision-making process:Completion of the IEP, including determining the student’s special education and related services, and determining the extent to which these services can be provided to the student in the regular class;If all IEP services cannot be provided in the regular class, identifying those that must be provided outside the regular class; however, the District will not remove a student from education in age-appropriate regular classrooms solely because of needed modifications in the general education curriculum;For those services that must be provided outside the regular class, identifying where, on the continuum from least to most restrictive, the services can be provided;Placement is in the school the student would attend if not disabled, unless another arrangement is required for implementation of the IEP;In selecting the student’s placement, the placement team considers and documents:All placement options considered, including placement options requested by the parent;Potential benefits of placement options that are considered;Any potential harmful effects on the student or on the quality of services that he or she needs; and,Modifications and services considered to maintain the student in the least restrictive placement before concluding that a more restrictive setting is necessary.The placement team documents the placement selected, and provides a copy of the determination to the parent;If the selected placement is a change from previous placement, the District provides the parent with prior written notice of the change in placement; and,If the parent requests a specific placement that the team rejects, the District provides a prior written notice of refusal.Citations:OAR 581-015-2245 Alternative Placements and Supplementary Aids and ServicesOAR 581-015- 2250 Placement of the Child
Incarcerated YouthThe placement team may modify the student’s placement if the State has demonstrated a bona fide security or compelling interest that cannot be otherwise accommodated. The requirements related to least restrictive environments do not apply with respect to these modifications.Citations:OAR 581-015-2600 Incarcerated Youth
Nonacademic SettingsThe District takes steps, including providing the supplementary aids and services determined appropriate and necessary by the student’s IEP team, to provide nonacademic and extracurricular services and activities in the manner necessary to afford students with disabilities an equal opportunity for participation in those services and activities.Nonacademic and extracurricular services and activities include all those available to nondisabled students, and may include:Counseling services;Athletics;Transportation;Health services;Recreational activities;Special interest groups or clubs;Referrals to agencies that provide assistance to individuals with disabilities; and,Employment of students.Citations:OAR 581-015-2255 Nonacademic SettingsOAR 581-015-2245 Alternative Placements and Supplementary Aids and Services
DisciplineDefinitionThe District applies the following definitions when considering disciplinary action:“Positive behavior support plan" means an individualized plan, including positive interventions, designed to assist a student to decrease inappropriate behavior and increase or teach an alternative appropriate behavior."Current educational placement" means the type of educational placement of the student as described in the student's "annual determination of placement" document at the time of the disciplinary removal. It does not mean the specific location or school but the types of placement on the continuum of placement options."Disciplinary removal" means suspension, expulsion, or other removal from school for disciplinary reasons, including removals pending completion of a risk assessment. It does not include:Removals by other agencies;Removals for public health reasons (e.g., head lice, immunizations, communicable diseases, etc.);In-school suspensions if the student continues to have access to the general curriculum and to special education and related services as described in the student's IEP, and continues to participate with nondisabled students to the extent they would in their current placement; or,Bus suspensions, unless the student's IEP includes transportation as a related service, the District makes no alternative transportation arrangements for the student, and the student does not attend school as a result of the bus suspension.“Functional behavioral assessment" means an individualized assessment of the student that results in a team hypothesis about the function of a student's behavior and, as appropriate, recommendations for a behavior intervention plan."Suspension" means any disciplinary removal other than expulsion.Citations:OAR 581-015-2400 Definitions
The District may consider any unique circumstances on a case-by-case basis when determining whether to order a disciplinary change in placement.Citations:OAR 581-015-2415 Disciplinary Removals of More than 10 School Days (Pattern or Consecutive)
During removals of additional periods of up to 10 school days in a school year that do not constitute a pattern, the District will provide services that are necessary to enable the student to:Continue to participate in the general education curriculum;Progress toward achieving the goals in the student’s IEP; and,The services and location for delivery of services in this section will be determined by school personnel, in consultation with at least one of the student’s teachers, or by the student’s IEP team.The determination regarding whether a series of removal constitutes a pattern is subject to review in an expedited due process hearing.Citations:OAR 581-015-2410 Additional Disciplinary Removals of Up to 10 School Days Each (No Pattern)
On the date that the District decides to remove a student to an interim alternative educational placement because of a drug or weapon violation or for serious bodily injury, the District notifies the parent(s) of the decision and gives the parent(s) a Procedural Safeguards Notice.Within 10 school days of any decision to remove the student to an interim alternative educational placement because of a drug or weapon violation or for serious bodily injury, the District:Convenes a meeting to determine whether the behavior is a manifestation of the student’s disability, andConducts, as appropriate, a functional behavior assessment, and develops a behavior intervention plan based on the functional behavior assessment that is designed to address the behavior so it does not recur.Citations:OAR 581-015-2425 Removal to an Interim Alternative Educational Setting by School District
If the team determines that the District did not implement the student’s IEP or identifies other deficiencies in the student’s IEP or placement, the District corrects the identified deficiencies immediately.Regardless of whether the behavior was a manifestation of the student’s disability, the District may remove the student to an interim alternative educational setting for weapons or drug violations or for infliction of serious bodily injury for up to 45 days.When Behavior is a Manifestation of Disability.If the team concludes that the behavior was a manifestation of the student’s disability:The District will not proceed with a disciplinary removal for more than 10 days.The District conducts a functional behavioral assessment and develops behavior plan to address the behavior that led to the disciplinary action. If the District has already conducted a functional behavioral assessment or, if the student already has a behavior intervention plan regarding that behavior, the District reviews, modifies as necessary, and implements the plan to address the behavior.The District may review and revise the student’s IEP and placement through normal IEP and placement processes.The District may enter into an agreement with the parent to change the student’s placement as part of the modification of the behavioral intervention plan.If the District believes that maintaining the current placement of the child is substantially likely to result in injury to the student or to others, the District appeal the decision of the manifestation determination team by requesting an expedited due process hearing. An administrative law judge who concludes that that maintaining the current educational placement is substantially likely to result in injury to the student or to others may order a change in placement to an interim alternative educational setting for no more than 45 days.When Behavior is Not a Manifestation of Disability.If the IEP team determines that the student’s behavior is not a manifestation of the student's disability, the District may proceed with disciplinary removals, in the same manner and for the same duration, as would be applied to students without disabilities. If the District takes such action, applicable to all students, the District:Notifies the parent(s) of the decision to remove the student on the date that decision is made and gives the parents a Procedural Safeguards Notice;Give the parent(s) prior written notice of any proposed change in placement;Provides services to the student in an interim alternative educational setting that is determined by the IEP team; andProvides, as appropriate, a functional behavioral assessment, develops appropriate behavioral interventions to address the behavior, and implements those interventions.Citations:OAR 581-015-2415 Disciplinary Removals of More than 10 School Days (Pattern or Consecutive)OAR 581-015-2420 Manifestation DeterminationOAR 581-015-2425 Removal to an Interim Alternative Educational Setting by School DistrictOAR 581-015-2430 Removal to an Interim Alternative Educational Setting by an Administrative Law Judge (Injurious Behavior)34 CFR 300.532 AppealThe District is not presumed to have knowledge of a disability if:The parent has not allowed an evaluation of the student or has refused the initial provision of special education services to the student; orThe student has been evaluated and found not eligible for special education services.If the District did not have knowledge before taking disciplinary action against the student, the District may take the same disciplinary actions as applied to students without disabilities who engaged in comparable behaviors. However:If a special education evaluation is requested, or if the District initiates a special education evaluation, the evaluation will be conducted in an expedited manner.Until the evaluation is completed, the student may remain in the educational placement determined by school personnel, which may include suspension, expulsion, or placement in alternative education.Upon completion of the evaluation, if the student is determined to be a student with a disability, the District will conduct an IEP meeting to develop an IEP and determine placement and will provide special education and related services in accordance with the IEP.The District will apply the IDEA discipline protections beginning on the date of the eligibility determination.Disciplinary Change of PlacementDisciplinary removal of a student with a disability constitutes a change in the student’s educational placement when:The removal is for more than 10 consecutive school day; orThe removal is for more than 10 cumulative school days and constitutes a pattern of removals.Manifestation DeterminationWithin 10 days of any decision to initiate a disciplinary change in placement of a student with a disability, the District convenes a manifestation determination meeting.The District follows all required special education procedures for determining whether a student’s conduct that led to a disciplinary removal from school was caused by, or had a substantial relationship to the student’s disability or was a direct result of the District’s failure to implement the student’s IEP.Citations:OAR 581-015-2420 Manifestation Determination
Disciplinary Removals for up to 10 School DaysThe District may remove students with disabilities from their current educational placement to an appropriate interim alternative educational setting, another setting, or suspension, for up to ten school days in a school year to the same extent, and with the same notice, for violation of a code of conduct as for students without disabilities. These removals are not considered a change in placement.During disciplinary removals for up to 10 school days:The District is not required to provide access to special education and the general curriculum unless students without disabilities are provided access during this time.The District is not required to determine whether the student’s behavior resulting in the disciplinary removal is a manifestation of the student’s disability.The District counts days of suspension for the purposes of procedural safeguards as follows:Suspensions of a half day or less will be counted as a half day; and,Suspensions of more than a half day will be counted as a whole day.If a student moves from another school District in Oregon, any days of suspension from the former District apply, unless the District does not have knowledge of previous suspensions.Citations:OAR 581-015-2405 Disciplinary Removals for Up to 10 School Days for Children with Disabilities
Disciplinary Removals of More than 10 Cumulative School Days and Pattern of RemovalThe District may remove students with disabilities from their current educational placement to an appropriate interim alternative educational setting, another setting, or suspension for additional periods of up to ten days in a school year to the same extent, and with the same notice as for students without disabilities, if the removals do not constitute a pattern. These removals do not constitute a change in placement.In determining whether removals of additional periods of up to 10 school days constitute a pattern of removals, school personnel will consider, on a case-by-case basis:Whether the behavior is substantially similar to the student’s behavior in previous incidents that resulted in the series of removals; andAdditional factors such as the length of each removal, the total number of days of removal, and the proximity of removals to one another.
Removal to an Interim Alternative Educational Setting for Not More Than 45 Days by the District under Special CircumstancesThe District may remove a student with disabilities from the student’s current educational placement to an appropriate interim alternative educational setting for the same amount of time that a student without a disability would be subject to discipline, but for not more than 45 school days in a school year for a drug or weapon violation, or for infliction of serious bodily injury, without regard to whether the behavior is a manifestation of the student’s disability. This removal is considered a change in placement. School personnel may consider any unique circumstances on a case-by-case basis when determining whether to order such a removal.For the purpose of determining a drug or weapon violation or serious bodily injury, the District will apply the following definitions:“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.“Drug violation” means the use, possession, sale, or solicitation of drugs at school or a school function.Infliction of serious bodily injury” means serious bodily injury caused by a student to another person while at school, on school premises, or at a school function under the jurisdiction of ODE or a school District.“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.“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 ½ inches in length.“Weapon violation” means carrying a weapon to school or to a school function or acquiring a weapon at school.Removal to an Interim Alternative Educational Setting for Not More Than 45 Days by Administrative Law Judge for Injurious BehaviorThe District may request an expedited due process hearing to obtain an administrative law judge’s order to remove a student to an interim alternative educational setting for not more than 45 school days if the student is exhibiting injurious behavior. For the purpose of this request, “injurious behavior” is defined as behavior that is substantially likely to result in injury to the student or to others.The interim alternative educational setting must meet the requirements of the “Interim Alternative Educational Setting” section.Citations:OAR 581-015-2430 Removal to an Interim Alternative Educational Setting by School District (Injurious Behavior)
Interim Alternative Educational SettingWhen a student with a disability is placed in an interim alternative educational setting, the setting:Is determined by the student’s IEP team; andEnables the student to:Continue to participate in the general curriculum, although in another setting;Progress toward achieving the goals in the student’s IEP; andReceive services and modifications designed to address the misconduct that led to placement in the Interim alternative educational setting and to prevent the misconduct from recurring.Citations:OAR 581-015-2435 Requirements of an Interim Alternative Educational Setting
Placement pending appealIf a parent disagrees with the manifestation determination or any decision about placement related to the disciplinary removal and requests a due process hearing, the student will remain in the interim alternative educational setting pending the decision of the administrative law judge, or until the end of the disciplinary removal, whichever is shorter, unless the parent and District agree to another placement pending the hearing.Citations:OAR 581-015-2425 Removal to an Interim Alternative Educational Setting by School DistrictOAR 581-015-2430 Removal to an Interim Alternative Educational Setting by an Administrative Law Judge (Injurious Behavior)
Conduct and Outcome of a Manifestation DeterminationWithin 10 school days of any decision to change the placement of a student with a disability for disciplinary reasons, the District convenes a manifestation determination meeting.The team that determines whether a student’s behavior that led to a disciplinary removal from school was caused by, or had a substantial relationship to the student’s disability or was a direct result of the District’s failure to implement the student’s IEP, includes the parent(s), school District representatives, and other relevant members of the IEP team, as determined by the parent and District.The team reviews all relevant student information, including the student’s IEP, teacher observations, and information provided by the parent.The team concludes that the conduct in question is a manifestation of the student’s disability if it determines the behavior was caused by, or had a substantial relationship to, the child’s disability, or if it was the direct results of the District’s failure to implement the IEP
Protections for Students Not Yet Eligible for Special EducationThe District will follow all special education disciplinary procedures for a student who has not yet been identified as a student with a disability if the District had knowledge that the student had a disability and needed special education.The District is presumed to have such knowledge if, before the behavior that precipitated the disciplinary action occurred:The student’s parent(s) expressed a concern in writing to supervisory or administrative school personnel, or to a teacher of the student, that the student is in need of special education and related services;The student’s parent(s) requested a special education evaluation of the student; orThe student’s teacher or other school personnel expressed specific concerns about a pattern of behavior demonstrated by the student directly to the District’s special education director or other District supervisory personnel. Citations: OAR 581-015-2440 Protections for Children Not Yet Eligible for Special Education
Procedural Safeguards
Procedural Safeguards - GeneralThe district ensures that students with disabilities and their families are afforded their procedural safeguards related to:Access to students’ educational records;Parent and adult student participation in special education decisions;Transfer of rights to students who have reached the age of majority;Prior written notice of proposed District actions;Consent for evaluation and for initial placement in special education;Independent educational evaluation;Dispute resolution through mediation, state complaint investigation, resolution sessions, and due process hearings;Discipline procedures and protections for students with disabilities, including placements related to discipline;Placement of students during the pendency of due process hearings;Placement of students by their parents in private schools;Civil actions; andAttorney’s fees.Citations:OAR 581-015-2315 Notice of Procedural Safeguards
Revocation of consent:A parent or adult student may revoke consent at any time before the completion of the activity or action for which they have given consent.If a parent or adult student revokes consent, that revocation is not retroactive.If a parent or adult student refuses consent for one service or activity, the district does not use this refusal to deny the parent or child any other service, benefit, or activity, except as specified by these rules and procedures.The district does not need written parent consent to conduct an initial special education evaluation of a student who is a ward of the state and not living with the parent if:Despite reasonable efforts to do so, the district has not been able to find the parent;The parent’s rights have been terminated in accordance with state law; orThe rights of the parent to make educational decisions have been subrogated by a judge in accordance with state law and consent for an initial evaluation has been given by an individual appointed by the judge to represent the child.The district does not need consent if an administrative law judge determines that the evaluation or reevaluation is necessary to ensure that the student receives a free appropriate public education.Citations:OAR 581-015-2000(5) Definition: ConsentOAR 581-015-2090 ConsentOAR 581-015-2095 Exceptions to ConsentOAR 581-015-2190 Parent Participation - GeneralOAR 581-015-2195 Additional Parent Participation Requirements for IEP and placement Meetings
The district takes steps to ensure that one or both parents of a child with a disability are present at each IEP or placement meeting or are afforded the opportunity to participate, including:Notifying parents of the meeting early enough to ensure that they will have an opportunity to attend; and,Scheduling the meeting at a mutually agreed upon time and place.If neither parent can attend, the district will use other methods to ensure participation, including, but not limited to, individual or conference phone calls or home visits.The district may conduct an evaluation planning or eligibility meeting without the parent or adult student if the district provided meeting notice to the parent or adult student sufficiently in advance to ensure an opportunity to attend.The district may conduct an IEP or placement meeting without the parent or adult student if the district is unable to convince the parents or adult student that they should attend. Attempts to convince the parent or adult student to attend can be considered sufficient if the district:Communicates directly with the parent or adult student and arranges a mutually agreeable time and place and sends written notice to confirm the arrangement; or,Proposes a time and place in the written notice, stating that a different time and place might be requested, and confirms that the notice was received.If the district proceeds with an IEP or placement meeting without a parent or adult student, the district must have a record of its attempts to arrange a mutually agreed upon time and place such as:Detailed records of telephone calls made or attempted and the results of those calls;Copies of correspondence sent to the parents and any responses received; and,Detailed records of visits made to the parent’s home or place of employment and the results of those visits.The district will take whatever action is necessary to ensure that the parent or adult student understands the proceedings at a meeting, including arranging for an interpreter for parents or adult students who are deaf or whose language is other than English.After the transfer of rights to an adult student, the district provides written notice of meetings to the adult student and parent, if the parent can be reasonably located. (This provision does not apply to parents of incarcerated youth.) A parent receiving notice of an IEP meeting is not entitled to attend the meeting unless invited by the adult student or the district.A meeting does not include:Informal or unscheduled conversations involving school district personnel;Conversations on issues such as teaching methodology, lesson plans, or coordination of service provision if those issues are not addressed in the student’s IEP; or,Preparatory activities that district personnel engage in to develop a proposal or response to a parent proposal that will be discussed at a later meeting.Citations:OAR 581-015-2190 Parent Participation GeneralOAR 581-015-2195 Additional Parent Participation Requirements for IEP and Placement Meetings
The district secures nominations of persons to serve as surrogates. The district will appoint a surrogate within 30 days of a determination that the student needs a surrogate, unless a surrogate has already been appointed by juvenile court.The district will only appoint a surrogate who:Is not an employee of the district, the Oregon Department of Education, or any other agency that is involved in the education or care of the student;Is free of any personal or professional interest that would interfere with representing the student's special education interests; and,Has the necessary knowledge and skills that ensure adequate representation of the child in special education decisions.The district will provide training, as necessary to ensure that surrogate parents have the requisite knowledge.The district provides all special education rights and procedural safeguards to appointed surrogate parents.A surrogate will not be considered an employee of the district solely on the basis that the surrogate is compensated from public funds.The duties of the surrogate parent are to:Protect the special education rights of the student;Be acquainted with the student's disability and the student's special education needs;Represent the student in all matters relating to the identification, evaluation, IEP, and educational placement of the student; and,Represent the student in all matters relating to the provision of a free appropriate public education to the student.The district may also appoint a surrogate parent at written parent request.When the district appoints a surrogate at parent request, the District will continue to provide a copy of all notices and other information provided to the surrogate to the parent.The district will treat the surrogate as the parent unless and until the parent revokes consent for the surrogate’s appointment.The district may also appoint a surrogate parent at written adult student request.When the district appoints a surrogate at adult student request, the District will continue to provide a copy of all notices and other information provided to the surrogate to the adult student.The district will treat the surrogate as the parent unless and until the adult student revokes consent for the surrogate’s appointment.The district may change or terminate the appointment of a surrogate when:The person appointed as surrogate is no longer willing to serve;Rights transfer to the adult student or the student graduates with a regular diploma;The student is no longer eligible for special education services;The legal guardianship of the student is transferred to a person who is able to carry out the role of the parent;A foster parent or other person is identified who can carry out the role of parent;The parent, who previously could not be identified or located, is now identified or located;The appointed surrogate is no longer eligible; or,The student moves to another school district; or,The student is no longer a ward of the state or unaccompanied homeless youth.Citations:OAR 581-015-2320 Surrogate Parents
The district provides written notice to the student and to the parent at the time of the transfer.These requirements apply to all students including those who are incarcerated in a state or local adult or juvenile correctional facility or jail.After transfer of rights to the student, the district provides any written prior notices and written notices of meetings required by the special education laws to the adult student and to the parent if the parent can be reasonably located.After rights have transferred to the student, receipt of notice of an IEP meeting does not entitle the parent to attend the meeting unless invited by the student or the district.Citations:OAR 581-015-2325 Transfer of Procedural Rights at Age of Majority;OAR 581-015-2330 Notice of Transfer of Rights at Age of Majority
The prior notice is:Written in language understandable to the general public; and,Provided in the native language of the parent or other mode of communication used by the parent, unless it is clearly not feasible to do so.If the native language or other mode of communication of the parent is not a written language, the school district shall take steps to ensure that:The notice is translated orally or by other means to the parent in the parent's native language or other mode of communication;The parent understands the content of the notice; and,There is written evidence that the requirements of this rule have been met.Citations:OAR 581-015-2310 Prior Written Notice
Consent for initial provision of services:The District obtains informed consent from the parent before the initial provision of special education and related services to the student.The school district makes reasonable efforts to obtain informed consent, but if a parent or adult student does not respond or refuses consent for initial provision of special education and related services, the district does not convene an IEP meeting, develop an IEP, or seek to provide special education and related services through mediation or due process hearing procedures.The district will not be considered to be in violation of the requirement to make FAPE available to the student under these circumstances.The district stands ready to serve the student if the parent or adult student later consents.Consent for reevaluation:The district obtains informed parent consent before conducting any reevaluation of a child with a disability, except:The district does not need written consent for a reevaluation if, after reasonable efforts to obtain consent, the parent does not respond. However, the district does not conduct individual intelligence tests or tests of personality without consent.If a parent refuses to consent to the reevaluation, the district may, but is not required to, pursue the reevaluation by using mediation or due process hearing procedures.Other consent requirements:The district documents its reasonable efforts to obtain parent consent, such as phone calls, letters, and meeting notes.If a parent of a student who is home-schooled or enrolled by the parents in a private school does not provide consent for the initial evaluation or the reevaluation, or it the parent does not respond to a request for consent, the district:Does not use mediation or due process hearing procedures to seek consent; andDoes not consider the child as eligible for special education services.Exceptions to consent requirements:The district does not need written parent or adult student consent before:Reviewing existing data as part of an evaluation or a reevaluation;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 students;Conducting evaluation tests, procedures or instruments that are identified on a child's IEP as a measure for determining progress; orConducting a screening of a student by a teacher or specialist to determine appropriate instructional strategies for curriculum implementation.The district criteria for independent educational evaluations are the same as for district evaluations including, but not limited to, location, examiner qualifications and cost.Criteria established by the district do not preclude the parent's access to an independent educational evaluation.The district provides the parents the opportunity to demonstrate the unique circumstances justifying an IEE that does not meet the districts criteria.A parent may be limited to one independent educational evaluation at public expense each time the district conducts an evaluation with which the parent disagrees.If a parent requests an independent educational evaluation, the district may ask why the parent disagrees with the public evaluation.The parent may, but is not required to, provide an explanation. The district may not:Unreasonably delay either providing the independent educational evaluation at public expense or initiating a due process hearing to defend the public evaluation;Except for the criteria in “C” impose conditions or timelines related to obtaining an IEE at public expense.The district considers an independent educational evaluation submitted by the parent if the evaluation meets district criteria in any decision made with respect to the provision of a free appropriate public education to the student.Citations:OAR 581-015-2305 Independent Education Evaluation
District Request for a Due Process HearingThe district may request a due process hearing regarding the identification, evaluation, educational placement, or provision of a free appropriate education to a student who may have a disability and be eligible for special education.When requesting a due process hearing, the district or the attorney representing the district, provides notice to the parent and to ODE.Response to a Request for a Due Process HearingThe party that did not file the hearing request must, within ten days of receiving the request for hearing, send to the other party a response that specifically addresses the issues raised in the hearing request.If the parent had not yet received prior written notice of the district’s proposal or refusal, the district, within ten days of receiving the hearing request for a due process hearing, sends to the parent a response that includes:An explanation of why the district proposed or refused to take the action raised in the hearing request;A description of other options that the district considered and the reasons why those options were rejected;A description of each evaluation procedure, assessment, record, or report the district used as the basis for the proposed or refused action; andA description of the factors relevant to the district’s proposal or refusal.Resolution session.Within 15 days of receiving a due process hearing request, the district will hold a resolution session with the parents and the relevant members of the IEP team who have specific knowledge of the facts identified in the due process hearing request.This meeting will include a representative of the district who has decision-making authority for the district.The district will not include an attorney unless the parent brings an attorney.The district will provide the parent with an opportunity for the parent to discuss the hearing request and related facts so that the district has an opportunity to resolve the dispute.The district and parent may agree in writing to waive the resolution meeting.If so, the 45 day hearing timeline will begin the next business day, unless the district and parent agree to try mediation in lieu of the resolution session.Time limitation and exceptionA parent must request a due process hearing within two years after the date of the district act or omission that gives rise to the parent’s hearing request.This timeline does not apply to a parent if the district withheld relevant information from the parent or incorrectly informed the parent that it had resolved the problem that led the parent’s hearing request.Hearing CostsThe district reimburses ODE for costs related to conducting the hearing, including pre-hearing conferences, scheduling arrangements, and other related matters.The district provides the parent with a written, or at the option of the parent, an electronic verbatim recording of the hearing, within a reasonable time of the close of the hearing.The district does not use IDEA funds to pay attorney’s fees or other hearing costs.Procedural Safeguards NoticeThe District provides to parents a copy of the Procedural Safeguards Notice, published by the Oregon Department of Education, at least once per year and upon initial referral or parent request for special education evaluation and upon any other parent request. The District also gives a copy to the student at least a year before the student's 18th birthday or upon learning that the student is considered emancipated.The District provides the Procedural Safeguards Notice in the parent's native language or other mode of communication unless it is clearly not feasible to do so. If the native language or other mode of communication of the parent is not a written language, the District takes steps to ensure that the notice is translated orally or by other means understandable to the parent and that the parent understands the content of the notice. The District maintains written evidence that it meets these requirements.Citations:OAR 581-015-2315 Notice of Procedural Safeguards
Parent or Adult Student Meeting ParticipationThe district provides parents or adult students an opportunity to participate in meetings with respect to the identification, evaluation, IEP and educational placement of the student, and the provision of a free appropriate public education to the student.The district provides parents or adult students written notice of any meeting sufficiently in advance to ensure an opportunity to attend.The written notice:States the purpose, time, and place of the meeting and who is invited to attend;Advises that parents or adult students may invite other individuals who they believe have knowledge or special expertise regarding the student;Advises that the team may proceed with the meeting even if the parents are not in attendance;Advises the parents or adult students who to contact before the meeting to provide information if they are unable to attend; and,Indicates if one of the meeting’s purposes is to consider transition services or transition services needs. If so:Indicates that the student will be invited; and,If considering transition services, Identifies any agencies invited to send a representative (with parent or adult student consent).Surrogate ParentsThe district protects the rights of a student with a disability, or suspected of having a disability, by appointing a surrogate parent when:The parent cannot be identified or located after reasonable efforts;The student is a ward of the state or an unaccompanied homeless youth, and there is reasonable cause to believe that the student has a disability, and there is no foster parent or other person available who can act as the parent of the student; or,The parent or adult student requests the appointment of a surrogate parent.Transfer of Rights at Age of MajorityWhen a student with a disability reaches the age of majority, marries, or is emancipated, the district will transfer the rights accorded to the student's parents under the special education laws, to the student.The district provides notice to the student and the parent that rights will transfer at the age of majority.This notice is provided at an IEP meeting and documented on the IEP:At least one year before the student's 18th birthday;More than one year before the student's 18th birthday, if the student's IEP Team determines that earlier notice will aid transition; orUpon actual knowledge that within a year the student will likely marry or become emancipated before age 18.Prior Written NoticeThe district provides prior written notice to the parent of a student, or adult student, within a reasonable period of time when the district proposes to initiate or change, or refuses to initiate or change, the identification, evaluation, or educational placement of the student, or the provision of a free appropriate public education.The district provides prior written notice after a decision is made and a reasonable time before that decision is implemented.The content of the prior written notice will include:A description of the action proposed or refused by the district;An explanation of why the district proposed or refused to take the action;A description of any options that the IEP team considered and reasons why those options were rejected;A description of each evaluation procedure, test, record, or report that the district used as a basis for the proposed or refused action;A description of any other factors that are relevant to the district's proposal or refusal;A statement that the parents of a student with a disability have procedural safeguards and, if it is not an initial referral for evaluation, how a copy of the Notice of Procedural Safeguards may be obtained; and,Sources for parents to contact to obtain assistance in understanding their procedural safeguards.ConsentConsent for initial evaluation:The District provides notice and obtains informed written consent from the parent or adult studentBefore conducting an initial evaluation to determine whether a student has a disability (as defined by Oregon law) and needs special education. Consent for initial evaluation is not consent for the district to provide special education and related services.The district makes reasonable efforts to obtain informed consent from a parent for an initial evaluation to determine a child’s eligibility for special education services. If a parent does not provide consent for an initial evaluation or does not respond to a request for consent for an initial evaluation, the school district may, but is not required to, pursue the initial evaluation of the child through mediation or due process hearing procedures.The district does not violate its child find obligations if it declines to pursue the evaluation using these procedures.Independent Educational EvaluationsA parent of a student with a disability or a suspected disability has the right to an independent educational evaluation at public expense if the parent disagrees with an evaluation obtained by the school district. If a parent requests an independent educational evaluation at public expense, the district provides information to parents about where an independent educational evaluation may be obtained, and the district criteria applicable for independent educational evaluations.If a parent requests an independent educational evaluation at public expense, the district, without unnecessary delay, either:Initiates a due process hearing to show that its evaluation is appropriate; or,Ensures that an independent educational evaluation is provided at public expense unless the district demonstrates in a hearing that the evaluation obtained by the parent did not meet district criteria.MediationThe district or parent may request mediation for any special education matter, including before the filing of a complaint or due process hearing request.ODE offers mediation at no cost to the parties.Mediation must be voluntary of the part of the parties, must be conducted by a qualified and impartial mediator who is trained in effective mediation techniques, and may not be used to deny or delay a parent’s right to a due process hearing or filing a complaint.The parties to mediation participate in the selection of the mediator.ODE maintains a list of qualified mediators who are knowledgeable in laws and regulations relating to the provision of special education and related services.Mediators may not be an employee of any school district, the Department of Corrections, the Department of Education.Mediators must not have a personal or professional interest that conflicts with their objectivity.Each mediation session must be scheduled in a timely manner and must be held in a location that is convenient to the parties to the dispute.An agreement reached by the parties to the dispute in the mediation process must be set forth in a legally binding written mediation agreement that: 1) states the terms of the agreement; 2) states that all discussions that occurred during the mediation process remain confidential and may not be used as evidence in any subsequent due process hearing or civil proceeding, and; 3) is signed by the parent and a representative of the school district who has the authority to bind the district to the mediation agreement.Mediation communication is not confidential if it relates to child or elder abuse and is made to a person who is required to report abuse, or threats of physical harm, or professional conduct affecting licensure.The mediation agreement is enforceable in any state court of competent jurisdiction or in a district court of the United States.CitationOAR 581-015-2335 Mediation
Complaint InvestigationAny organization or person may file a signed, written complaint with the State Superintendent of Public Instruction alleging that a school district or ESD is violating or has violated the Individuals with Disabilities Education Act or associated regulations within one year before the date of the complaint. Upon receiving a parent complaint, the Oregon Department of Education (ODE) forwards the complaint to the district or ESD and along with a request for a district response to the allegations in the complaint.The District and the complainant may attempt to resolve a disagreement that led to a complaint through mediation. If they decide against mediation, or if mediation fails to produce an agreement, ODE willUpon receiving a request for response from ODE, the District responds to the allegations and furnishes any requested information or documents within ten business days. The District sends a copy of the response to the complainant. If ODE decides to conduct an on-site investigation, District personnel participate in interviews and provide additional documents as needed.If ODE substantiates some or all of the allegations in a complaint, it will order corrective action. The District satisfies its corrective action obligations in a timely manner.If the District disagrees with the findings and conclusions in a complaint final order, it may seek reconsideration by ODE or judicial review in county circuit court.Citations:OAR 581-015-2030 Procedures for Complaints as Required by IDEA Regulations
Due Process HearingsParent Requests for a Due Process HearingParents may request a due process hearing if they disagree with a district proposal or refusal relating to the identification, evaluation, educational placement, or provision of a free appropriate education to a student who may have a disability and be eligible for special education.The parent or an attorney representing the student, must provide notice to the district and to ODE when requesting a hearing. The notice includes:The student’s name and address (or contact information for a homeless student);The name of the school the student attends;A description of the nature of the parent’s disagreement with the district, including facts relating to the problem; andA proposed resolution of the problem.Citations:OAR 581-015-2345 Hearing Request and ResponseOAR 581-015-2350 Sufficiency of Hearing RequestOAR 581-015-2355 Resolution ProcessOAR 581-015-2385 Hearing Costs
Student Education Records
Access to RecordsThe District provides to parents of a student with a disability or to an adult student with a disability the opportunity at any reasonable time to examine all of the records of the school district pertaining to the student’s identification, evaluation, educational placement, and free appropriate public education.Citations:ORS 343.173(1) Parental right to examine district records581-015-2300 Access to Student Education Records
DefinitionsThe District defines terms related to student records as follows:Adult Student: a student who has reached 18 years of age or is attending an institution of postsecondary educationEducational Record: Records directly related to a student and maintained by the District or by a person acting on behalf of the DistrictDirectory Information: Personally identifiable information that would not generally be considered private, such as: the student's name, address, telephone listing, email address, photograph, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, and the most recent previous school attended.Disclosure: To permit access to or the release, transfer, or other communication of education records, or the personally identifiable information contained in those records, to any person, by any means—oral, written, or electronic.Citations:OAR 581-021-0220 DefinitionsOAR 581-015-2000 Definitions
The District annually notifies parents and adult students of what it considers to be directory information and the conditions for disclosure of suchThe District annually notifies parents or adult students that it forwards education records requested by an educational agency or institution in which the student seeks to enroll or receive services, including special education evaluation services.The District’s notice includes:The procedure for exercising the right to inspect and review education records.The procedure for requesting amendment of records; andRegarding disclosure of education records to school officials and teachers within the education agency whom the agency has determined to have legitimate educational interest, a specification of the criteria for determining who constitutes a school official and what constitutes a legitimate educational interest;Citations:OAR 581-015-2300 Access to Student Education RecordsOAR 581-021-0250 An Educational Agency or Institution’s Policy Regarding Student Education RecordsOAR 581-021-0260 An Educational Agency or Institution’s Annual NotificationOAR 581-021-0410 Filing a Federal ComplaintOAR 581-021-0430 The Distribution of Rules Relating to Student Records
The District discloses student records without consent to organizations conducting studies for, or on behalf of, educational agencies or institutions to develop, validate, or administer predictive tests, administer student aid programs, or improve instruction only if:The study is conducted in a manner that does not permit personal identification of parents and students by individuals other than representatives of the organization; and,The information is destroyed when no longer needed for the purposes for which the study was conducted.For the purposes of this section, the term “organization” includes, but is not limited to, federal, state, and local agencies, and independent organizations.The disclosure is in connection with financial aid for which the student has applied or which the student has received, if the information is necessary to:Determine eligibility for the aid;Determine the amount of the aid;Determine the conditions for the aid;Enforce the terms and conditions of the aid.Citations:OAR 581-021-0340 Exceptions to Prior ConsentOAR 581-021-0350 Limitations on the Redisclosure of InformationOAR 581-021-0360 Conditions for the Disclosure of Information to Other Educational Agencies or InstitutionsOAR 581-021-0370 Conditions for the Disclosure of Information Federal or State Program PurposesOAR 581-021-0380 Conditions for the Disclosure of Information in Health and Safety EmergenciesOAR 581-021-0390 Conditions for the Disclosure of Directory Information
For students in substitute care programs:The District notifies the school, institution, agency, facility or center in which the student was formerly enrolled and requests the student's education records within five days of the student seeking initial enrollment; andUpon receiving a request, the District transfers all student education records related to the particular student to the requesting school, institution, agency, facility or center no later than five days after the receipt of the request.Citations:OAR 581-021-0255 Transfer of Student Education Records
If the District refuses to amend the information, the District will inform the parent or adult student of the refusal and advise the person of the right to a student records hearing.Citations:OAR 581-021-0300 A Parent or Eligible Student’s Request for Amendment of a Student’s Education Records
If the District reports a crime committed by a student with a disability, the District will transmit a copy of the student’s special education and disciplinary records to the appropriate authorities for consideration, only if:The disclosure is with consent of the parent or adult student; or,The disclosure is permitted under one of the exceptions to consent.Citations:OAR 581-021-0225 Records of Law Enforcement UnitsOAR 581-021-0340 Exceptions to Prior ConsentORS Chapter 419C
Annual Notification to All Parents and Adult studentsThe District annually notifies parents of all students, currently in attendance, and adult students currently in attendance that they have the right to:Inspect and review the student's education records;Request the amendment of the student's education records to ensure that they are not inaccurate, misleading, or otherwise in violation of the student's privacy or other rights;Consent to disclosures of personally identifiable information contained in the student's education records, except to the extent that the student education record rules authorize disclosure without consent;File with the U.S. Department of Education a complaint concerning alleged failures by the District to comply with the requirements of the Family Educational Rights and Privacy Act; andObtain a copy of the District’s Student Education Records PolicyConfidentiality of Student RecordsThe District keeps confidential any record maintained on a child with a disability, protecting the confidentiality of personally identifiable information at collection, storage, disclosure, and destruction stages.The District designates one official responsible for ensuring the confidentiality of any personally identifiable informationThe District ensures the confidentiality of personally identifiable information is protected at collection, storage, disclosure, and destruction stages.The District ensures that each person collecting or using personally identifiable information shall receive training or instruction regarding the policies and procedures governing records and confidentiality of personally identifiable information in accordance with applicable laws and regulations.With respect to students with disabilities, the DistrictMaintains for public inspection a current listing of the names and positions of those employees within the agency who have access to personally identifiable information based on a legitimate educational interest; andMaintains a record of access of other authorized parties reviewing or receiving the personally identifiable information that identifies:The name of the person;The date access was given; andThe purpose for which the person is authorized to use the records.Citations:OAR 581-021-0265 Confidentiality of Student Education RecordsOAR 581-021-0270 Rights of Inspection and Review of Education RecordsOAR 581-021-0340 Exceptions to Prior ConsentThe Rights of Parents and Adult Students Regarding Educational RecordsThe District provides full rights regarding educational records to either parent, unless the agency or institution has been provided with evidence that there is a court order, state statute, or legally binding document relating to such matters as divorce, separation, or custody that specifically revokes these rights.When a student becomes an adult student, the rights accorded to, and consent required of, parents regarding students’ education records transfer from the parents to the student. If an adult student has a disability that prevents the student from exercising his or her rights, the student’s parents may continue to act on the student’s behalf if they are the legal guardian or assigned surrogate parent.The District permits a parent, adult student, or a representative of the parent or adult student to inspect and review any educational records relating to the student that are collected, maintained, or used by the District, as required by applicable law and regulations.The District provides parents or adult students, on request, a list of the types and locations of education records collected, maintained, or used by the District.The District complies with requests from a parent or adult student to inspect and review any education records without unnecessary delay and before any meeting relating to the identification, evaluation, or placement of the student or regarding an IEP, hearing, or resolution session, and in no case more than 45 calendar days after the request has been made;The District permits a parent or adult student to inspect and review only those portions of an education record that contain information regarding the student and informs the parent or adult student of any other specific information in the record regarding the student but which cannot be directly inspected or reviewed because of the confidentiality rights of other students.The District ensures that a parent or adult student who requests an explanation or interpretation of any information contained in an education record receives a timely and appropriate explanation or interpretation.The District presumes that the parent has authority to inspect and review records relating to his or her child unless the District determines that the parent does not have the authority under applicable state law governing such matters as guardianship, separation, and divorce.If a parent or adult student requests a copy of the student's records, the District gives the parent or adult student a copy, with the exception of test questions and answers unless authorized by federal law.The District may charge a copying fee subject to the fees policy in Section VI of this policy.Citations:OAR 581-021-0230 The Rights of ParentsOAR 581-021-0240 The Rights of Eligible StudentsOAR 581-021-0270 Rights of Inspection and Review of Education RecordsOAR 581-021-0290 Limitation on the Right to Inspect and Review Records
Prior Consent to Disclose InformationThe District obtains signed and dated written consent from the parent or adult student before permitting personally identifiable information to be disclosed to anyone other than officials of participating agencies collecting or using information for the purposes of the activities described in these procedures and only where the disclosure is consistent with all applicable federal statutes.The District obtains written consent before personally identifiable information is disclosed to officials of participating agencies providing or paying for transition services.For non-resident children enrolled by their parents in private schools within the District, the District obtains written parental consent before disclosing personally identifiable information to the District of the parent’s residence.The District obtains written consent from the parent or adult student before permitting personally identifiable information to be used for any purpose other than meeting a requirement under these procedures.The written consent specifies the records to be disclosed, the purpose of the disclosure, and the person or persons to whom the disclosure may be made.When a disclosure is made, the District provides a parent or adult student a copy of the disclosed record upon request.The District does not release information from education records without parent consent unless permitted under an authorized exception.Citations:OAR 581-021-0340 Exceptions to Prior ConsentOAR 581-021-0350 Limitations on the Redisclosure of InformationOAR 581-021-0360 Conditions for the Disclosure of Information to Other Educational Agencies or InstitutionsOAR 581-021-0370 Conditions for the Disclosure of Information Federal or State Program Purposes OAR 581-021-0380 Conditions for the Disclosure of Information in Health and Safety EmergenciesOAR 581-021-0390 Conditions for the Disclosure of Directory Information
Exceptions to Prior Consent to Disclose Personally Identifiable InformationThe District will disclose personally identifiable information from a student’s educational record if the disclosure is:To school officials and teachers within the District who have legitimate educational interests in the student as described in the District’s records policy;To school board members during executive session;To officials of another school, school system, institution of postsecondary education, education service district, state regional program, or other educational agency that has requested the records and in which the student seeks or intends to enroll, or is enrolled in or receives services from this agency. The term “receives services” includes, but is not limited to, an evaluation or reevaluation for purposes of determining whether a student has a disability;To authorized representatives of government agencies;To accrediting organizations to carry out their accrediting functions;To parents of a dependent student, as defined in Section 152 of the Internal Revenue Code of 1986;Based on a judicial order or lawfully issued subpoena. The District may disclose information under this section only if the District makes a reasonable effort to notify the parent or adult student of the order or subpoena in advance of compliance;In connection with a health or safety emergency to law enforcement, child protective services, and health care professionals, and other appropriate parties if knowledge of the information is necessary to protect the health and safety of the student or other individuals. A “health or safety emergency” includes, but is not limited to, law enforcement efforts to locate a student who may be a victim of kidnap, abduction, or custodial interference and law enforcement or child protective services efforts to respond to a report of child abuse or neglect; or,Information the District has designated as “directory information” in District’s record policy, if the District has given annual public notice to parents of students in attendance and adult students in attendance of:The types of personally identifiable information that the educational agency or institution has designated as directory information;A parent or adult student’s right to refuse to let the educational agency or institution designate any or all of those types of information about the student as directory information; andThe period of time within which a parent or adult student has to notify the educational agency or institution in writing that he or she does not want any or all of those types of information about the student designated as directory information.FeesUnless the imposition of a fee effectively prevents a parent or eligible student from exercising the right to inspect and review the student's education records, the District may charge a fee for a copies of educational records provided to parents or adult students.The District does not charge a fee to search for or to retrieve a student's education records for a parent or adult student.Citations:OAR 581-021-0280 Fees for Copies of Education Records
Transfer of Student Education RecordsWithin ten days of a student seeking enrollment in or services from a public or private school including an ESD, or when a student is placed in a state institution other than an institution of postsecondary education, or a private agency or youth care center (hereinafter referred to as the new educational agency), the new educational agency must notify the public or private school, education service district, institution, agency, or youth care center in which the student was formerly enrolled (hereinafter referred to as the former educational agency), and request the student's education records.The former educational agency must transfer all requested student education records to the new educational agency no later than 10 days after receiving the request.The education records transferred to the new educational agency must include any education records relating to the particular student retained by an education service district.The educational agency must retain originals of student education records for the time periods and under the conditions described in the record retention rule, except that originals shall be transferred to a new education agency upon request.When original records have been transferred to a new educational agency, as required by law, the former district must retain readable photocopies of the following documents for the time periods and under the conditions as prescribed in the record retention rule,The student's permanent record, andSuch special education records as are necessary to document compliance with state and federal audits.
Retention of Special Education RecordsThe District retains copies of the following documents for the prescribed time periods designated in State Archives Rules, including:The student’s permanent record as defined in the District’s records policy;Such special education records as are necessary to document compliance with state and federal regulations, including eligibility documents, IEPs, notices, and IEP progress reports for at least the previous five (5) years.Records documenting speech pathology and physical therapy services: until the student reaches age 21 or 5 years after last seen, whichever is longer.Citations:OAR 166-400-0060 Student Education Records
Destruction of InformationThe District sends written notice to inform parents or adult students when personally identifiable information collected, maintained, or used by the District is no longer needed to provide educational services to the student. This notice requirement applies only to information that would otherwise be retained under the State Archives Rules.The determination as to whether personally identifiable information is needed to provide educational services to a student is made by the District after careful review of the information and with the concurrence of the student’s current teacher or teachers, if the student is currently enrolled in the District.The written notice sent to the parent or adult student describes the personally identifiable information that the District intends to destroy and informs the parents that the information will be destroyed no earlier than 60 days from the date of the notice. The notice also outlines the procedure which the parent or adult student may follow if they wish to formally object to the destruction of the records in question.Upon request of the parent or adult student, the District will destroy such personally identifiable information provided that the District may maintain a permanent record without time limitation of the student’s name, address and phone number, grades, attendance records, classes attended, grade level completed, and year completed.The District will not destroy any education records if there is an outstanding request to inspect and review the records.Citations:OAR 166-400-0060 Student Education Records
Amendment of Records at Parent's RequestA parent or adult student who believes that information in the education records is inaccurate or misleading or violates the privacy or other rights of the student may request the District to amend the information.The District, upon receiving a request from a parent or adult student, will decide whether to amend the information as requested within ten days from the date of receipt of the request.The District determines that information contained in an education record is "inaccurate" if the District, after reviewing the information, concludes that it is untrue or cannot be substantiated.The District determines that information contained in an education record is "misleading" if the District, after reviewing the information, concludes that a person reading the record would likely arrive at an inaccurate conclusion regarding the personal characteristics or history of the student who is the subject of the educational record.The District determines that the information contained in an education record "violates the privacy or other rights of the student" if the District determines that the information contained in the education record concerning the personal characteristics or personal history of the student:If disclosed, would cause adverse consequences such as severe embarrassment for the student or the student's parents; orNeed not be included in the education record in order for the education record to be appropriately used by the District.
Student Records HearingThe District will provide an opportunity for a student records hearing to the parent or adult student to challenge information in the education records.If, as a result of a student records hearing, it is determined that the information is inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student, the District will amend the information and will provide written notice to the parent or adult student requesting the amendment.If, as a result of a student records hearing, it is determined that the information is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student, the District will inform the parent or adult student of the decision and of the right to place in the student's records a statement commenting on the information or setting forth any reasons for disagreeing with the decision of the District.The District ensures that a statement placed in an education record meets the following requirements:Is maintained by the District as part of the records of the student as long as the record or contested portion is maintained by the District; and,Is disclosed by the District to any person to whom the records of the student or the contested portion are disclosed.Citations:OAR 581-021-0310 Right to a Hearing to Challenge Content
Student Records Hearings RequirementsThe District will hold the hearing within a reasonable time after it has received a request for a student records hearing.The District will give the parent or adult student notice of the date, time, and place reasonably in advance of the hearing.The hearing may be conducted by any individual, including an official of the District, who does not have a direct interest in the outcome of the hearing.The District will give the parent or adult student a full and fair opportunity to present evidence relevant to the issues raised.The parent or adult student may, at their own expense, be assisted or represented by one or more individuals of his or her own choice, including an attorney.The District will make its decision in writing within a reasonable period of time after the hearing. The decision will be based solely on the evidence presented at the hearing, and will include a summary of the evidence and the reasons for the decision.Citations:OAR 581-021-0320 Minimum Requirements for the Conduct of a Hearing
Disclosure of Student Records to Judicial AuthoritiesThe District may disclose personally identifiable information or other information allowed to be disclosed under FERPA from a student’s education record to courts and state and local juvenile justice agencies including, but not limited to, law enforcement agencies when:Disclosure relates to these agencies ability to serve the needs of a student prior to the student’s adjudication under ORS chapter 419C; and,The person receiving the information certifies, in writing, that they will not disclose the information to a third person other than another court or juvenile justice agency or a person or organization providing direct services to the student on behalf of a juvenile justice agency.Distribution of Student Records RulesThe District makes student records rules available to the public schools in the District and to the public.Citations:OAR 581-021-0430 Distribution of Student Records Rules
Nondiscrimination
Discrimination ProhibitedThe District promotes nondiscrimination and an environment free of harassment based on an individual's race, color, religion, sex, national origin, disability, marital status, orientation, or age, or because of the race, color, religion, sex, national origin, disability, marital status, orientation, or age of any other persons with whom the individual associates.The District makes every effort to remove any indication of discrimination in:Employment;Assignment and promotion of personnel;Educational opportunities and services offered to students;Student assignment to schools and classes;Student discipline;Location and use of facilities;Educational offerings and materials; anAccommodating the public at public meetings.The superintendent appoints an individual(s) to be the District's contact for compliance issues related to the Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1973, Title VI, Title VII, Title IX, and other civil rights or discrimination issues.The District has written procedures for prompt resolution of complaints of discrimination.The District has written board-adopted policy that assures equity, opportunity, and access for all students. The District will implement this policy in each school building.Citations: Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681-1683 Rehabilitation Act of 1973, 29 U.S.C. §§ 791, 793-794 Americans with Disabilities Act of 1990, 42 U.S.C. §§ 621-634 (2006); 29 CFR 1626 Title VI of the Civil Rights Act of 1964, 42 U.S.C. §2000 d Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e) OAR 581-021-0045 Discrimination Prohibited OAR 581-021-0046 Program Compliance Standards OAR 581-021-0049 Hearings and Appeals OAR 581-022-1140 Equal Educational Opportunities
Children With Disabilities Placed by Districts in Private Schools
Rights of Students and ParentsThe District ensures that parents are included in any decision about their child’s evaluation, eligibility, placement or provision of services.If the District refers a student with a disability to, or places such a student in, a private school or facility as a means of providing special education and related services, the District ensures that the student receives an education that meets the standards of the state in a private preschool, school, or facility approved by the Oregon Department of Education to provide such education in conformance with an IEP and at no cost to the parents and has all the rights of a student with a disability who is served by the District.Citations:OAR 581-015-2190 Parent Participation - GeneralOAR 581-015-2195 Additional Parent Participation Requirements for IEP and Placement MeetingsOAR 581-015-2260 Rights of Children with Disabilities in Private Schools Placed or Referred by Public AgenciesOAR 581-015-2265 Obligations of Public Agencies that Contract with Approved Private SchoolsOAR 581-015-2270 Standards for Approval of Private Schools for School-age ChildrenOAR 581-015-2200 IEP ContentOAR 581-015-2205 IEP Team Considerations and Special FactorsOAR 581-015-2210 IEP TeamOAR 581-015-2215 Oregon Standard IEPOAR 581-015-2220 When IEPs Must Be in EffectOAR 581-015-2225 Review and Revision of IEPsOAR 581-015-2235 School District and Public Agency Responsibilities for Transition Services
District Obligations Before Contracting with Private SchoolsA. Before placing a student with a disability in an approved private school or preschool, the district ensures that the program has current Oregon Department of Education approval to provide special education and related services.B. The district or public agency fulfills all federal and state requirements relating to the evaluation, IEP/IFSP development, and placement when determining whether to place the child in an approved private preschool or school for special education services.C. For each student age 3 through 21, the district’s or public agency’s placement team, including the parent, determines whether placement in an approved private school constitutes a free appropriate public education in the least restrictive environment.1. When proposing to place a child with a disability in an approved private school or preschool, the district ensures that school-age students are district residents or preschool-age children are eligible to receive EI/ECSE or special education services.2. The district initiates and conducts an individualized education program team meeting that includes a representative of the approved private school. If a representative of the approved private school, or other member of the IEP/IFSP team is unable to attend the IEP/IFSP meeting, the district and the parent may agree to must use alternative means of meeting participation such as individual or conference telephone calls, or video conferences.3. After the district initially places a student in an approved private school, any subsequent meetings to review or revise an IEP/ IFSP or placement are the responsibility of the district or public agency, unless the district or public agency requests by written agreement that the approved private school initiate and conduct meetings to review and revise the IEP or IFSP.4. The district may, by written agreement, request that the approved private school initiate and conduct meetings to review and revise the IEP or IFSP. Under such an agreement the District remains responsible for ensuring the private school or preschool meets:All federal and state requirements related to these meetings; andEnsures the participation of parents and the district or public agency representative.5. The private school or preschool may not determine or implement program changes without the participation and agreement of the parents and the district or public agency representative.6. The District in which the child resides provides transportation to and from the approved private school or preschool at no cost to the parent.7. The District or public agency terminates the placement of students in a private school or preschool if the Oregon Department of Education suspends, revokes, or refuses to renew the approval of a private school or preschool.Citations:OAR 581-015-2265 Obligations of Public Agencies that Contract with Approved Private SchoolsOAR 581-015-2270 Standards for Approval of Private Schools for School-age Children
Out-of State Placements for Special EducationThe district ensures that any private educational institution located outside the state of Oregon with which it contracts to provide special education and related services to Oregon students is approved by the state educational agency of the state in which the educational institution is located.If the state does not have a formal approval process, the educational institution shall meet whatever requirements apply for private schools to serve publicly placed students in that state.The District maintains documentation of such approval and makes it available to the Oregon Department of Education upon request.The district makes contractual arrangements for out-of-state placements for the provision of special education and related services when, in accordance with applicable federal and state law, the district has:Developed an individualized educational program (IEP); andThe placement team has determined that no appropriate in-state placement options are available. Citations: OAR 581-015-2295 Out-of-State Placements for Special Education
Children Enrolled by Their Parents in Private Schools
District Responsibility for StudentsDistrict responsibility for children enrolled by their parents in private schools includes resident and non-resident students attending in private elementary or secondary schools located within District boundaries. Non-resident students include children who are residents of another state.The District consults with private school officials about procedures and services and provides child find activities, evaluations, reevaluations, and eligibility determinations comparable to those provided for public schools. The District provides equitable services, funded by a proportionate share of federal special education funds, for resident and non-resident students with disabilities. The district maintains in its records and provides annually to the Oregon Department of Education, a count of the number of parentally-enrolled private school students evaluated, the number found eligible, and the number to whom it provides services. Citations: OAR 581-015-2085 Child Find for Children Attending Private SchoolsOAR 581-015-2455 Provision of services for Private School Children with DisabilitiesOAR 581-015-2470 Expenditures for Parentally-Placed Private School Children
Consultation RequirementsThe district consults, in a timely and meaningful way, with private school representatives and parents of children with disabilities enrolled in private schools located within the district’s boundaries.As part of the consultation process the district addresses, at a minimum, the following topics.The child find process, including:How parentally-placed private school children suspected of having a disability can participate equitably, as they do not have an individual entitlement to the same level of special education services as children enrolled in public schools; andHow parents, teachers, and private school officials will be informed of the process.The proportionate share of federal funds available to serve parentally placed private school children with disabilities and how this is calculated;The consultation process andhow it will operate throughout the school yearHow, where, and by whom special education and related services will be provided, including a discussion of types of services, apportionment of funds if insufficient to serve all students, and how and when those decisions will be made.The written explanation of service decisions that the District provides to officials of private schools if the District disagrees with the views of the private school officials about the services to be provided or the methods of providing these services.Citations:OAR 581-015-2080 Child FindOAR 581-015-2085 Child Find for Children Attending Private SchoolsOAR 581-015-2470 Expenditures for parentally-Placed Private School ChildrenOAR 581-015-2480 Consultation with Representatives of Private School Children with DisabilitiesConsultation – Affirmation and ComplaintsThe district requests a written affirmation signed by an administrator of each private school participating in the consultation processIf the officials do not provide such affirmation to the district within a reasonable period of time, the district forwards the documentation of the consultation process to the Oregon Department of Education.The District maintains documentation of its consultation processes.The District acknowledges the right of a private school official to submit a complaint to the Oregon Department of Education (ODE) regarding the District’s implementation of these requirements.Should such a complaint occur, the District forwards to ODE appropriate documentation, including documentation of the District’s consultation process.Citations:OAR 581-015-2480 Consultation with Representatives of Private School Children with DisabilitiesOAR 581-015-2483 Written AffirmationOAR 581-015-2485 Complaint by Private School Official
Child FindThe District’s child find system applies to resident and nonresident children, including children who are residents of other states, enrolled by their parents in private schools located within the District boundaries.The District provides child find activities that are similar to, and completed within a comparable time period, as child find activities for students in the District’s public schools.The District consults with private school representatives and parents about how to implement the child find activities and how to keep parents and private school personnel informed.The District ensures the equitable participation of parentally-placed private school students in the child find process.The District does not include the cost of conducting child find activities for private school students, including individual evaluations, in determining whether it has spent a proportionate share of its federal IDEA funds on parentally placed private school students with disabilities.The District ensures an accurate count of these children is made between October 1 and December 1 of each year and uses this count in determining the amount the District spends on services for in the subsequent fiscal year.Citations: OAR 581-015-2080 Child FindOAR 581-015-2085 Child Find for Children Attending Private SchoolsOAR 581-015-2480 Consultation with Representatives of Private School Children with Disabilities
Evaluation, Reevaluation, and Eligibility DeterminationThe District conducts evaluations, reevaluations, and eligibility determinations, in accordance with federal and state laws and regulations, for both resident and non-resident children enrolled by their parents in private schools located within District boundaries.The District in which the private school is located reevaluates private school students with disabilities at least every three years to determine whether the student continues to be eligible for special education, whether or not the student is currently receiving services under a services plan.If parents who enroll a student in a private school at their own expense do not provide consent for the initial evaluation or the reevaluation, or the parent fails to respond to a request to provide consent, the District does not use due process procedures to override the lack of consent. The District does not, and is not required to, consider the child as eligible for special education services in these cases.Following an initial determination of eligibility for a resident student, and upon any subsequent determination of eligibility, the District:Provides written notice to parents that they will provide a free appropriate public education if the student enrolls in the district; andIf the parent does not choose to remove the child from private school to enroll in a district public school, the District initiates and conducts a meeting to develop, review or revise the students’ services plan, consistent with the procedures for IEP meetings and timelines and in light of the service provision the district has determined through the consultation process.Following an initial determination of eligibility for a non-resident student, and upon any subsequent determination of eligibility, the District:Notifies the parents to contact their resident district if they are interested in enrolling the student in a public school district to receive a free appropriate public education (FAPE); andIf the parents do not choose to remove the child from the private school to enroll in public school, the District initiates and conducts a meeting to develop, review or revise the student’s services plan, consistent with the procedures for IEP meetings and timelines and in light of the service provision the District has determined through the consultation process.The District in which the private school is located does not release evaluation and eligibility determination information or other personally identifiable information to the student’s resident district without written parental consent, unless parents seek to enrollment in the student’s resident district and the resident district requests records.Citations:OAR 581-015-2480 Consultation with Representatives of Private School Children with DisabilitiesOAR 581-015-2483 Written AffirmationOAR 581-015-2485 Private School Child Count
Service PlansIf a student with a disability is enrolled by a parent in a private school the District offers a services plan.The District ensures that the services plan describes the specific special education and related services that the District will provide to the student in light of the services that have been determined through the consultation process.The District convenes individual meetings to develop, review, and revise the services plan consistent with procedures for IEP team membership, parent participation, and IEP content, to the extent appropriate.The District ensures that a representative of the private school attends each meeting.If the representative cannot attend, the District uses other methods to ensure participation by the private school, including individual or conference telephone calls.Citations:OAR 581-015-2455 Provision of Services for Private School Children with DisabilitiesOAR 581-015-2460 Services Plan
Provisions for Serving Students Placed by Their Parents in Private SchoolsPrivate School Site. The District may provide services to private school students with disabilities onsite at the student's private school, including a religious school, to the extent that services can be provided in a religiously neutral setting within the private school.Personnel.The District may assign its own employees to provide services or contract with other qualified public agencies, organizations, or individuals, including private school employees, as allowed by law.Public School.The District may use IDEA funds to make public school personnel available to the extent necessary to implement any of the requirements related to private school students with disabilities; and, if those services are not normally provided by the private school.Personnel providing these services must meet the same standards as personnel providing services in the public schools.Private School.The District may use IDEA funds to pay for the services of an employee of a private school to provide services to private school students if The employee performs the services outside of his or her regular hours of duty; and the employee performs the services under public supervision and control.Under federal law, private school employees providing equitable services to parentally enrolled private school students do not need to meet the highly qualified special education teacher requirements.Transportation. The District does not provide transportation from the student’s home to the private school. If necessary for the student to benefit from or participate in the services provided, the District provides transportation between the private school to the location of the services, or from the service site to the student’s home, depending on the timing of the services.Property, Equipment, and Supplies.The District keeps title to, and exercises continuing administrative control of, all property, equipment, and supplies that the public agency acquires with IDEA funds for the benefit of private school students with disabilities.The District may place equipment and supplies in a private school for a period of time needed to implement the service plan of a private school student with disabilities or for student find purposes.The District ensures that the equipment and supplies placed in a private school are used only for implementation special education activities and can be removed from the private school without remodeling the private school facility.The District removes equipment and supplies from a private school if equipment and supplies are no longer needed special education activities, programs, or services or if the District determines that removal is necessary to unauthorized use.The District does not use IDEA funds for repairs, minor remodeling, or construction of private school facilities.Citations: OAR 581-015-2455 Provision of services for Private School Children with DisabilitiesOAR 581-015-2460 Services PlanOAR 581-015-2500 Use of PersonnelOAR 581-015-2510 Property, Equipment, and Supplies
Separate Classes ProhibitedThe District will not use IDEA funds for classes that are organized separately on the basis of school enrollment or religion of the students if the classes are at the same site and the classes include students enrolled in public schools programs and students enrolled in private schools.Citations:OAR 581-015-2505 Separate Classes ProhibitedFunds and Property Not To Benefit Private SchoolsThe District will not use IDEA funds to finance the existing level of instruction in a private school or to otherwise benefit the private school.The District will use IDEA funds to meet the special education needs of students enrolled in private schools, but not for the needs of a private school or the general needs of the students enrolled in the private school.Citations:OAR 581-015-2495 Funds and Property Not to Benefit Private SchoolsFederal Funds Available for Services Reimbursement for Private PlacementThe District calculates a proportionate share of federal funds available to provide special education and related services to private school students with disabilities using the formula specified in the Individuals with Disabilities Education Act (IDEA)If the District does not expend the proportionate share of funds by the end of the fiscal year, the District obligates the remaining funds to be used in the following year.Maintenance of Effort. The District does not include child find expenditures in determining whether the District has met its expenditure requirements for parentally placed private school students, but may include the cost of transportation require for students to access required special education services.The District does not supplant the proportionate amount of federal funds required to be expended for parentally placed private school students.Citations:OAR 581-015-2470 Expenditures for Parentally-Placed Private School Children34 CFR §300.133 ExpendituresAppendix B to Part 300 Proportionate Share Calculation
The District is not required to pay for the cost of the education, including special education and related services, for a student with a disability(ies), if the private school student had a free appropriate public education available to them; and the parent chose to place the student in a private school.Citations:OAR 581-015-2515 Reimbursement for Private Placement
XI. Complaints and Due Process Hearings for Private School ChildrenA. The District informs the public that due process hearing procedures do apply to complaints that the District has failed to meet the child find requirements, including the requirements regarding evaluation, eligibility determination, and reevaluation. Due process hearing procedures do not apply to complaints the District has failed to meet the requirements relating to expenditures for private school children and provision of services on the services plans.B. The District informs the public that complaints regarding failure to meet any of the requirements related to private school children may be filed using the State complaint procedures. Citations: OAR 581-015-2515 Complaints and Due Process Hearings for Private School Children
Home Schooling for Children with Disabilities
District NoticesAs soon as the District learns of the parent’s intent to home school a student with disabilities or that a resident student with disabilities is home schooled, the District:Provides written notice to the parent that it stands ready to provide a free appropriate public education if the student enrolls in the district; andOffers an IEP meeting to consider special education and related services in conjunction with home schooling.The District provides annual notice that it is ready to provide a free appropriate public if the student enrolls in the district as long as the student is exempt from compulsory education as a home schooled student, the student remains eligible for special education, and the student is not receiving special education and related services from the district.The District develops an IEP for a student with a disability if the IEP team determines that a free appropriate public education can be provided in conjunction with home schooling.The IEP will state how "satisfactory educational progress" will be determined for the student. A parent may use a privately developed plan (PDP) to determine satisfactory progress.If so, the IEP indicates that satisfactory progress will be determined by the PDP team, at parent request.Services may be provided in the home only to the extent that special education or related services would be provided in the home if the student were not home schooled.Consideration of Special Education and Related Services in Conjunction with Home SchoolingTo consider the provision of special education services, the District convenes the IEP team, consistent with the requirements for IEP meetings, IEP team membership, and IEP content, with the following exceptions:ReevaluationThe district ensures that:The district evaluates students with disabilities who are home schooled at least every three years according to the requirements for evaluation and reevaluation.If the parent refuses consent for such evaluation, or refuses to make the student available, the District notifies the parent it stands ready to conduct the evaluation when the parent gives consent or makes the student available.If the district does not have sufficient evaluation information to determine eligibility or to develop an IEP, the district is not required to complete these activities.The district will provide prior written notice if the district terminates eligibility or services under these circumstances.Citations:OAR 581-015-2100 Responsibility for Evaluation and Eligibility DeterminationOAR 581-015-2105 Evaluation and Reevaluation RequirementsOAR 581-015-2110 General Evaluation and Reevaluation ProceduresOAR 581-015-2115 Evaluation PlanningOAR 581-015-2120 Determination of Eligibility
Testing and Reporting Requirements:If a student with a disability is receiving IEP services from the district and the IEP includes a provision for IEP team assessment of satisfactory educational progress, the district:Completes the assessment; and,Provides the parent with a copy of the results, including a summary statement indicating whether the student has made satisfactory educational progress in light of the student’s age and disability.If a student with a disability is receiving IEP services in a core area of instruction, the District includes the student in statewide assessments, unless an exemption is requested by the parent.Citations:OAR 581-021-0069 Examination of Children Instructed by Parent, Legal Guardian or Private TeacherOAR 581-021-0029 Home Schooling for Children with DisabilitiesOAR 581-022-1612 Exception of Students with Disabilities from State Assessment TestingChild Find:The student’s parent is considered to be both the parent and student’s regular education teacher, unless the parent designates another individual as the regular education teacher;Under “extent of non-participation in regular education” the IEP states that the student is exempt from compulsory school attendance and regular education is provided through home schooling;B. If the student may enroll in a regular education class, pursuant to the District’s policy for students who are home schooled, the IEP team includes a regular education teacher.If the district suspects that a home schooled student has a disability, the district:Obtains parent consent for initial evaluation; and,Conducts an initial evaluation and determines the student's eligibility to receive special education and related services.If the student is eligible, the district notifies the parent and offers an opportunity for an IEP meeting to consider initiation of special education and related services to the student with a disability.If the parent refuses consent, does not respond, or refuses to make the student available, the district documents to the parent that the district stands ready to conduct the evaluation when the parent gives consent or makes the student available.VI. Attending Public School in Conjunction with Home SchoolingA. If, under District policy, the District permits partial enrollment of home schooled students in its regular education program, the district will permit students with disabilities to participate to the same extent as non-disabled students, if appropriate, whether or not the student is receiving IEP services from the district.B. A child who is exempt from compulsory school attendance as a home schooled child with a disability will continue to be considered an exempt home schooled child in the following circumstances:(1) The child receives special education and related services from the district, unless these services are the equivalent of full-time enrollment in the district.(2) Under District policy the District permits partial enrollment of home schooled children and, pursuant to that policy, the child attends one or more regular education classes, unless this enrollment is the equivalent of full-time enrollment in the district. Citations: OAR 581-015-2080 Child Find OAR 581-021-0029 Home Schooling for Children with Disabilities ORS 339.030 Exemptions from compulsory school attendance; rules ORS 339.035 Teaching by private teacher, parent or guardian; notice; examination
Public Information
Public Availability of InformationA. The District makes all documents relating to the District’s eligibility for funds under Part B of the Individuals with Disabilities Education Act (IDEA) available to parents of children with disabilities and to the general public. In complying with this requirement, the District does not release or make public personally identifiable information.B. Information available for public review includes, but is not limited to:1. How the district implements policies, procedures, and programs for special education consistent with State and federal requirements;2. Performance of students with disabilities on statewide assessments.3. Results of the State’s general supervision and monitoring of District programs for special education, including the timeliness and accuracy of required data submissions; 4. District achievement of performance targets established in the State Performance Plan (SPP).5. Financial information related to revenue and expenditures for students with disabilities including, but not limited to, district information about the:a. Excess costs of educating students with disabilities;b. Maintaining financial support for programs and services for students with disabilities (maintenance of effort or MOE); andc. Schoolwide programs under Title I of the Elementary and Secondary Education Act (ESEA) or No Child Left Behind (NCLB); andd. Annual district application for IDEA funds;e. Official audit reports.6. District dispute resolution information, including the resolution of State complaints and due process hearings. Citations: 34 CFR §76.304 Subgrantee shall make subgrant application available to the public. 34 CFR §300.212 Public information.
Personnel Qualifications
District Responsibility for PersonnelA. The district takes measurable steps to recruit, hire, train and retain highly qualified personnel to provide special education and services.B. The district employs highly qualified special education teachers, paraprofessional personnel, and related services providers as defined and licensed by the Oregon Teacher Standards and Practices Commission (TSPC)[1] or, in the case of related services providers, the appropriate professional licensing board.C. The district ensures that all district personnel necessary to implement special education and related services and special education programs are appropriately and adequately prepared, subject to the requirements of state and federal law, including both the Elementary and Secondary Education Act (ESEA) or Child Left Behind (NCLB), and the Individuals with Disabilities Education Act (IDEA). Citations:20 USC §1412(a)(14)(D) Personnel qualifications20 USC §1413(a)(3)] Personnel development 20 USC §6319 Qualifications for Teachers and Paraprofessionals20 USC §6622 Local Application and Needs Assessment34 CFR §300.156(d) Personnel qualifications34 CFR §300.207 Personnel developmentORS Chapter 342 Teachers and Other School PersonnelOAR Division 100 No Child Left Behind[1] The Teacher Standards and Practices Commission was established in 1965 to maintain and improve performance in the education profession by approving teacher preparation programs offered by Oregon colleges and universities; by licensing teachers, administrators and other personnel employed in Oregon schools; and by taking disciplinary actions when educators commit crimes or violate Standards for Competent and Ethical Performance.
Full Educational Opportunity Goal (FEOG)Full Educational Opportunity GoalThis is a State, rather than a district, requirement. Oregon provides the following assurance to the U.S. Department of Education (USDOE), Office of Special Education Programs (OSEP) in conjunction with the annual federal application for funds under IDEA, Part B.IDEA-B Assurance 2:“The State has established a goal of providing a full educational opportunity to all children with disabilities and a detailed timetable for accomplishing that goal.”(20 U.S.C. 1412(a)(2); 34 CFR §§300.109-300.110)Explanation:1. Oregon law currently requires a free appropriate public education (FAPE) for all children with disabilities, ages 3 to the end of the school year in which they reach the age of 21. By 2014, Oregon has a goal of providing FAPE to all children birth through age 21. To do this, ODE will need to seek statutory authority to extend the provision of FAPE to children with disabilities age:A. From birth to 3; and,B. From the end of the school year in which students reach twenty-one through age 21.2. ODE ensures that each district takes steps to ensure that its children with disabilities have available to them the variety of educational programs and services available to nondisabled children in the area served by the agency. See Section 2, Free Appropriate Public Education.Citations:34 CFR §300.109 Full educational opportunity goal (FEOG)34 CFR §300.110 Program Options
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I have a caseload that has a lot of Re-Evaluations or IEPs due at the same time of the year or early in the fall, right as we are busy with start up. Is there anything I can do to re-distribute them more evenly so that my workload flows more evenly?
When do I write an ISP (Individual Service Plan) instead of an IEP? How do I do this in SynergySE?
Can I schedule a meeting on a “teacher grading day?
Can I update one of two eligibilities (e.g., student is eligible for Communication Disorder and OHI) at a meeting and then update the other one later when it’s due?
Do I have to hold the initial eligibility meeting and initial IEP meeting the same day?
What do I do in a Re-Evaluation year, when the IEP is due prior to the Re-Eligibility? Should I hold the annual IEP meeting before the triennial reevaluation meeting or on the same day?
Re-Eligibility due date vs. the 60 day deadline: which takes priority?
When does the 10-day notice of meetings apply?
How many attempts should be made to invite and encourage parents to attend mtgs before holding it without them?
What participants are required to be in attendance at an IEP mtg?
What team member signatures are required on the IEP vs the Placement Determination page?
What non-Synergy documents should be scanned into Synergy? Once scanned, where should I save them in Synergy? Where should evaluation documents (e.g., reports, behavior plan) go?
When does a change in an IEP merit an Amendment?
How do I complete an Amendment in SynergySE?
How do I conduct an Amendment mtg?
Why can’t I use the “throughout the day” frequency in the SDI and accommodations portion of the IEP?
How do I respond to a parent request for evaluation? How long do I have to schedule an initial evaluation planning meeting?
What do I do when a parent/guardian doesn’t respond to invitations or attend evaluation planning mtgs or return a signed Parent Permission form for evaluation?
Can a student be on a 504 plan and an IEP at the same time?
How do I write progress notes in SynergySE and get them to save so that they don’t disappear when I finalize an IEP?
When should a student be considered for ESY (Extended School Year)? What process should a case manager follow to add ESY to a student’s IEP?
What IEP forms/documents legally must be translated into a parent’s primary language?
Who do I contact when I need a interpretation or written translation?
How do I document the parent input on an IEP when the parent does not attend the meeting and does not respond to requests for input?
What’s the process when a student moves into my school, who has already been identified as Eligible for special education?
How is the transfer in process different for an Out of State Move-In compared to an In-State Move-In?
Can I hold an initial evaluation planning meeting and an eligibility the same day (e.g., if I have an outside evaluation that provides data sufficient to determine eligibility)?
What is the best way to document nursing minutes in the IEP?
29. When do I need to write progress reports?
30. Who is responsible for writing progress reports?
31. How many progress reports are required during the cycle of an Annual IEP?
32. How and where do I enter progress reports into SynergySE?
33. What do I write for progress when the trimester ends right after a new Annual IEP has been created or a student has just moved into district and I haven't been able to collect enough data to report?
34. When do I send home progress reports to parents?
35. When do I need to turn in progress reports to the district office for filing?
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