OAR 581-015-2270: Standards for Approval of Private Schools for School-age Children

(1) Applicability: (a) This rule applies to private schools that intend to provide special education and related services to school-age children with disabilities who are placed in the school by a school district. (b) This rule does not apply to educational programs operated by public agencies at treatment centers under OAR 581-015-2570 to 581-015-2574. (c) This rule does not apply to private alternative schools registered under OAR 581-021-0072 if the contracting school district is providing the special education and related services in the student's IEP. (2) Requirement for approval: Private schools that intend to provide special education under a written agreement with a school district must submit an application for initial approval and an annual application for renewal to the Department on a form provided by the Department in accordance with this rule. (3) Initial approval: The application for initial approval must include: (a) Documentation that the private school meets the following requirements: (A) The applicable fire codes of the local or state fire marshal, including an annual inspection and documentation of correction of any violations; (B) Facility occupancy and use standards set forth by the appropriate local building inspectors; (C) Health standards of the county health department (including annual inspection and correction of any violations for environmental health, food service, and communicable disease); and (D) OAR 581-022-1420 Emergency Plans and Safety Programs; (E) If the private school acquired or leased a building after October 12, 1988, a copy of the Asbestos Management Plan in accordance with OAR 581-022-1430; and (F) OAR 581-022-1440 Infectious Diseases including Acquired Immune Deficiency Syndrome (AIDS), Human Immunodeficiency Virus (HIV), and Hepatitis B and C (b) Documentation that the private school: (A) Has in effect commercial general liability insurance with policy limits of at least $500,000 per school site. (i) The private school must provide the Department with the name of the insurance company, the number of the insurance policy, the policy limits covered by the policy, and the effective term of the policy. (ii) If policy will expire during the approval year, the private school must submit documentation to the Department before the expiration date to maintain approval status. (B) Has procedures in place regarding staff hiring and evaluation that require: (i) The careful checking of personal and professional references for all potential employees; (ii) Criminal background checks in compliance with ORS 181.539, 326.603, 326.607 and 342.232 for all potential employees; and (iii) A regular schedule of staff evaluations of the competencies of all employees to work with children. (C) Has a policy of nondiscrimination; (D) Provides hours of instruction that meet state standards; (E) Grants credit toward high school graduation consistent with OAR 581-022-1130 Diploma Requirements and 581-022-1350(2) and (3) Alternative Education Programs, or, if appropriate, an alternate document of completion as permitted under ORS 343.295. (c) Assurances that the private school: (A) Uses curriculum content, teaching practices and equipment that do not violate the constitutional prohibition on religious entanglement; (B) Implements the special education services as described in each child's individualized education program in accordance with the contract between the private school and the placing school district; (C) Maintains the confidentiality of student records consistent with state and federal laws relating to student records; (D) Notifies the Department and the contracting public agency of any written complaint it receives concerning the special education programs and services being provided; (E) Notifies the contracting public agency of the need for any change in a child's educational program and does not make changes in a child's IEP or special education program or services, or placement, unless the contracting school district consents to the changes; and (F) Initiates and convenes IEP meetings only when this assistance is requested by a written agreement with the contracting school district in accordance with OAR 581-015-2265; (G) Evaluates a child only when this assistance is requested by a written agreement with the contracting school district; (H) Has at least one individual qualified to provide special education and licensed according to rules established by the Teacher Standards and Practices Commission available to serve the population of students described in the application. Private schools may provide special education and related services to students with disabilities placed by public agencies by employing professionals who are licensed within their own specialties. Pursuant to OAR 584-036-0010, these personnel are not required to hold licensure from the Teacher Standards and Practices Commission. (I) Ensures that students have the opportunity to participate in district-wide and state-wide assessments of student achievement; and (J) Meets the state curriculum standards set pursuant to OAR 581-022-1210. (4) Renewal: The annual application for renewal of approval must include: (a) Documentation that the private school meets: (A) The requirements in subsection (3)(a)(A) and (3)(a)(C); (B) If remodeled since the previous approval, the requirement in subsection (3)(a)(B); (b) Documentation that the private school has insurance in accordance with subsection (3)(b)(A); (c) Assurances that the private school meets the requirements in subsection (3)(a)(D)–(F), (3)(b)(B)–(E); and (3)(c).