OAR 581-015-2265: Obligations of Public Agencies that Contract with Approved Private Schools

(1) For the purposes of this rule, "public agency" means school districts and other public agencies that contract to provide EI/ECSE or special education. Public agencies may contract with private schools or preschools that are approved by the Department as contractors for EI/ECSE or special education pursuant to OAR 581-015-2270 through 581-015-2280. (2) For a child birth through age 21, the public agency must fulfill all federal and state requirements relating to the evaluation, IFSP or IEP development, and placement when determining whether the child shall be placed in an approved private preschool for EI/ECSE services. For children ages 3 through 21, the public agency also must determine whether placement in an approved private school or preschool constitutes a free appropriate public education in the least restrictive environment for each child. (3) A public agency that proposes to place a child with a disability in an approved private school or preschool must ensure that: (a) The school-aged child is a resident of the school district under Oregon law; (b) The child is eligible to receive EI/ECSE or special education services. (4) Before the public agency places a child with a disability in an approved private school or preschool: (a) The public agency must initiate and conduct a meeting to develop an IFSP or IEP meeting. (b) The public agency must ensure that a representative of the approved private school or preschool attends the meeting. (c) If a representative of the approved private school or preschool is unable to attend the meeting, the public agency must use other methods to ensure participation including, but not limited to, individual or conference telephone calls, or individual meetings. (5) After a public agency initially places a child in an approved private school or preschool, any subsequent meetings to review or revise the child’s IFSP or IEP are the responsibility of the public agency. (6) The public agency may request by written agreement that the approved private school or preschool initiate and conduct IFSP or IEP meetings. If the approved private school or preschool initiates and conducts these meetings at the request of the public agency, the public agency must ensure that the parents and a representative of the public agency: (a) Are involved in any decision about the child's IFSP or IEP; and (b) Agree to any proposed changes in the program before those changes are implemented. (7) The public agency must conduct the meeting pursuant to OAR 581-015-2250 or, for ECSE, OAR 581-015-2845, to determine the annual educational placement of a child. (8) The public agency placing a child age 3 through 21 in an approved private school or preschool must ensure that the child and the child's parents receive all the rights and protections as required for children with disabilities served by public agencies as set forth in federal law and in OAR chapter 581, division 015. (9) The school district where the child resides must ensure that transportation is provided to and from the approved private school or preschool.