OAR 581-021-3007: Accommodations for Students with Concussions or Other Brain Injuries

(1) For purposes of this rule: (a) “Health care professional” means a person who is licensed or registered under the laws of this state as a physician, a chiropractic physician, a naturopathic physician, a psychologist, a physical therapist, an occupational therapist, a physician associate or a nurse practitioner. (b) “Public education provider” means a school district, a public charter school, or an education service district. (c) “Written notification” means a written notice from a parent or guardian, supported by medical documentation from a health care professional, informing the public education provider that they are requesting an accommodation for a student who has been diagnosed with a concussion or other brain injury by a health care professional. (2) When a public education provider receives written notification from a parent or guardian that a student has been diagnosed with a concussion or other brain injury, the public education provider shall follow all procedures developed by the Oregon Department of Education to develop and implement an immediate and temporary accommodation plan. (3) A public education provider shall use a sample form developed by the department or a district form that includes all content from the department’s sample form when developing the accommodation plan described in section (2) of this rule. (4) A public education provider shall follow procedures outlined by the department to: (a) Determine if immediate physical activity limitations are necessary to: (A) Ensure the safety and recovery of the student; and (B) Minimize the risk of reinjury or additional injury to the student. (b) In considering the requirements of section (3)(a) of this rule, the public education provider shall consider all physical activities occurring while the student is in school, at a school-sponsored activity, under the supervision of school personnel, in before-school or after-school care programs on school-owned property, and in transit to or from school or school-sponsored activities, including but not limited to physical education, recess, unstructured play and similar activities provided by or sponsored through the public education provider that involve running, jumping, climbing, throwing, catching or other movements that pose a risk of falls, collisions or physical injury. (c) Describe present challenges and symptoms associated with the student’s concussion or other brain injury. (d) Identify and implement immediate and temporary academic, social-emotional, behavioral or other necessary accommodations determined to be appropriate for the student to support meaningful participation in educational activities at a level that is appropriate for the student’s recovery. (e) Communicate accommodations identified under paragraph (c) of this subsection with: (A) The parent or guardian; (B) All teachers who provide instruction to the student; and (C) Other employees of the public education provider who have regular responsibilities for the student’s supervision or health, including school administrators, school nurses, counselors, physical education teachers, coaches, athletic trainers and staff supervising recess or other physical activities. (f) Ensure that any physical activity limitations determined to be necessary are immediately implemented upon the determination, or as soon as practicable thereafter and not later than the next scheduled course or activity that requires physical activity limitations. (g) Ensure that the accommodations identified under paragraph (c) of this subsection are: (A) In effect as soon as possible but no later than 10 school days after written notification has been received by the public education provider regarding the concussion or other brain injury; and (B) Reviewed as needed, but no later than every two months, based on the student’s recovery. (5) Nothing in this rule prohibits a public education provider from determining that a student needs an immediate and temporary accommodation plan without receiving written notice from the parent or guardian that the student has been diagnosed with a concussion or other brain injury. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.]