OAR 413-105-0050: Consent for Special Education Services

(1) When a child or young adult is in the care and custody of the Department, and there is reason to believe the child or young adult has a disability under the Individuals with Disabilities Education Act, 20 USC §§ 1400 et seq., or the Oregon Department of Education administrative rules regarding special education (OAR 581, Division 15), the parent or surrogate parent, if designated, makes education decisions for the child or young adult. (2) If a surrogate parent has not been appointed, or if more than one person is qualified to make special education decisions for the child, the caseworker may ask the court to determine the education decision maker. (3) Persons who qualify to make educational decisions include: (a) One or more of the following persons: (A) The biological or adoptive parent of the child or young adult. (B) A foster parent or relative caregiver of the child or young adult. (C) A legal guardian, other than a state agency. (D) An individual acting in the place of a biological or adoptive parent (including a grandparent, stepparent, or other relative) with whom the child or young adult lives, or a person who is legally responsible for the welfare of the child or young adult; or (E) A surrogate parent who has been appointed in accordance with OAR 581-015-2320 for school-age children or 581-015-2760 for preschool children. (b) Except as provided in subsection (c), if more than one party is qualified under subsection (a) to act as a parent and the biological or adoptive parent is attempting to act as the parent, the biological or adoptive parent is presumed to be the parent unless the biological or adoptive parent does not have legal authority to make educational decisions for the child. (c) If a judicial decree or order identifies a specific person under subsection (a) to act as the parent of a child or to make educational decisions on behalf of a child, then that person will be the parent for special education purposes. (4) When a child or young adult with a disability is being considered for home schooling, in addition to the requirements of OAR 413-105-0030, the caseworker must: (a) Ensure the parent or surrogate parent of the child or young adult has home schooling approved by a person qualified to make educational decisions for the child or young adult pursuant to section (3) of this rule; and (b) Ensure the parent or surrogate parent participates in the special education planning for the child or young adult in the home school environment.