OAR 581-015-2575: School Programs in Private Hospitals

(1) For purposes of this rule: (a) "Patient" means a school age child; (b) "Specialized intensive treatment" means that the hospital maintains special facilities, equipment, and staff; (c) "School district" means: (A) The school district in which the private hospital is located; (B) A school district adjacent to the school district in which the private hospital is located; or (C) The education service district in which the program is located or one contiguous thereto. (2) Private hospitals not including psychiatric facilities may submit an application for approval of a school program to the State Superintendent of Public Instruction. The application submitted must include verification that: (a) The hospital admits patients from throughout the state; (b) The hospital provides specialized intensive treatment that is unique and generally not available in local community hospitals; (c) The hospital provides services to patients who have severe, low incidence types of disabling conditions including but not limited to burns, orthopedic impairments, and head injuries, but not including drug and alcohol problems; (d) The hospital admits patients who can be expected to be hospitalized for five days or more or readmitted frequently; and (e) The facility is licensed as a hospital under OAR 333-500-0010(1)(a). (3) Approval of the application by the State Superintendent of Public Instruction establishes the school district's eligibility to receive state funds to operate the hospital education program. (4) All patients are eligible to receive educational services. Educational services must begin if a patient's hospital stay is expected to last five school days or longer and the hospital staff has determined the patient is medically able to receive educational services. (5) The school district contracting to provide the education program must develop or implement an existing individualized education program that meets all applicable state and federal requirements for patients who meet eligibility criteria for a disability under OAR 581-015-2130 through 581-015-2180: (6) The primary purpose of the school program for hospitalized patients is to maintain the patient's educational programs. (7) The hospital must: (a) Provide classroom space and facilities necessary to carry out the educational program for each patient; (b) Coordinate with the school program in developing each patient's educational and medical treatment needs; and (c) Assume responsibility for the transportation, care, treatment, and medical costs of each patient. (8) All teachers in the hospital school program must have appropriate teacher licensure under rules of the Teacher Standards and Practices Commission. (9) Upon initial application or approval of a school program in a private hospital, the Oregon Department of Education will review the application, inspect the school program facility and confer with hospital authorities as necessary. The Department will then notify the school district whether the school program is approved or disapproved and under what conditions; if approved, the date upon which funds will be available for operation of the school program, and the effective date and length of the approval. The school district may reapply for approval at the expiration of each approval period. (10) The Department will monitor each program for compliance with applicable state and federal requirements. (11) The State Superintendent of Public Instruction will ensure that the school district contracting to provide the educational program meets the following requirements: (a) The program is operated under a written agreement with the Department of Education; (b) Each child without a disability has a personalized educational plan that; includes goals, services, timelines, and assessment of progress. (c) Information pertaining to the educational programs is provided to the Department in an accurate and timely manner; and (d) The educational program is developed and implemented in conjunction with the medical treatment program.