OAR 581-015-2515: Reimbursement for Private Placement

(1) If a private school child with a disability has available a free appropriate public education and the parents choose to place the child in a private school, the public agency is not required to pay for the cost of the child's education, including special education and related services, at the private school. However, the public agency must include that child in the population whose needs are addressed as parentally-placed private school children consistent with OAR 581-015-2475. (2) Disagreements between a parent and a public agency regarding the availability of a program appropriate for the child and the question of financial responsibility are subject to the due process procedures under OAR 581-015-2340 through 581-015-2385. (3) If the parents of a child with a disability, who previously received special education and related services under the authority of a public agency, enroll the child in a private preschool, elementary, or secondary school without the consent of or referral by the public agency, a court or an administrative law judge may require the agency to reimburse the parents for the cost of that enrollment if the court or administrative law judge finds that the agency had not made a free appropriate public education (FAPE) available to the child in a timely manner before that enrollment and that the private placement is appropriate. A parental placement may be found to be appropriate by an administrative law judge or a court even if it does not meet the State standards that apply to education provided by public agencies. (4) The cost of reimbursement described in paragraph (3) of this section may be reduced or denied if: (a) At the most recent IEP or IFSP meeting that the parents attended before removal of the child from the public school or ECSE program, the parents did not inform the IEP or IFSP team that they were rejecting the placement proposed by the public agency to provide FAPE to their child, including stating their concerns and their intent to enroll their child in a private school at public expense; or (b) At least ten business days (including any holidays that occur on a business day) before the removal of the child from the public school or ECSE program, the parents did not give written notice to the public agency of the information described in paragraph (4)(a) of this rule. (5) The cost of reimbursement described in paragraph (3) of this section may also be reduced or denied if: (a) Before the parents' removal of the child from the public school or ECSE program, the public agency informed the parents, through the notice requirements of OAR 581-015-2310, of its intent to evaluate the child (including a statement of the purpose of the evaluation that was appropriate and reasonable), but the parents did not make the child available for the evaluation; or (b) Upon a judicial finding of unreasonableness with respect to actions taken by the parents. (6) Notwithstanding the notice requirement in paragraph (4), the cost of reimbursement: (a) Must not be reduced or denied for failure to provide the notice if: (A) Compliance with paragraph (4) would likely result in physical harm to the child; (B) The public agency prevented the parent from providing the notice; or (C) The parents had not received notice of procedural safeguards under OAR 581-015-2315 informing them of this notice requirement; and (b) May, in the discretion of a court or an administrative law judge, not be reduced or denied for failure to provide such notice if: (A) The parent is illiterate and cannot write in English; or (B) Compliance with paragraph (4) would likely result in serious emotional harm to the child.