OAR 581-015-2280: Process for Approval of Private School or Preschool as a Contractor with Public Agencies

(1) Initial approval: A private school or private preschool applying for initial approval may submit an application to the Department at any time pursuant to OAR 581-015-2270 and 581-015-2275, respectively. Within 30 calendar days of receiving the application, the ODE will review the submitted materials and may request additional documentation or clarification from the applicant to complete the application. The ODE will issue a decision after receiving a complete application. This decision will either grant or deny approval to provide special education services to students with disabilities placed or referred by public schools as per IDEA Sections 300.145-300.1471 as a private alternative education facility. (2) Renewal: (a) After a private school or preschool receives initial approval of an application, the private school or preschool must submit annual applications for renewal in accordance with OAR 581-015-2270 and 581-015-2275, respectively. (b) To maintain continuous approval, a private school must demonstrate ongoing compliance and reporting obligations as well as submit evidence of updated insurance, fire, and health inspections with their renewal application 30 days prior to the expiration date which is one year from the initial approval date. (c) The ODE will review the complete application and compliance documentation then issue a decision to either grant or deny a renewal approval to provide special education services by the expiration date. (3) Amendment: (a) An approved private school or preschool may make major program changes only with written prior approval from the Department. A major program change consists of any change in the information contained in a private school's or preschool’s approved application that would affect the school or preschool’s approval or disapproval under this rule. (b) To request and receive approval for program changes, the private school or preschool must submit an amendment to the current approved application describing the changes proposed and the reasons for the changes. In addition, the amendment must describe the effect the changes will have on the children currently served under contracts with public agencies. (c) After submitting an amendment as described in subsection (4)(a) of this rule, the private school or preschool may operate the services under the provisions of the amendment with conditional approval until the Department notifies the private school of the approval or denial of the amendment. The Department will notify the private school or preschool of approval or denial within a reasonable period of time, but no more than 45 days after receipt of the amendment by the Department.