2288 Liberty Street NE,
Salem, OR 97301
503-581-8156 (Voice)
503-391-0429 (fax)
888-505-2673
Special Ed Help Line: 1-888-891-6784
Email: info@oregonrisecenter.org
Oregon Laws
Oregon Administrative Rules for Special Education Timelines
581-015-0065
IEP Meetings and Timelines
(1) A school district shall conduct a meeting to develop an initial IEP
within 30 calendar days of a determination that the child needs special
education.
(2) A school district shall initiate and conduct meetings to review and
revise as appropriate each child's IEP periodically but at least once every
365 days:
581-015-2000
Definitions
(6) "Day" means calendar day unless otherwise indicated as:
(a) "Business day," which means Mondays through Fridays, other than
holidays; or as
(b) "School day," which means any day, including partial days that children
are in attendance at school for instructional purposes. The term "school
day" has the same meaning for all children in school, including those with
and without disabilities.
581-015-2030
Procedures for Complaints as Required by IDEA Regulations
(b) The respondent must respond to the allegations and furnish any
information or documents requested by the Superintendent within ten business
days from the receipt of request for response from the Superintendent unless
another time period is specified by the Superintendent. At the same time,
the respondent must send a copy of the response and documents to the
complainant. If the complainant does not otherwise have access to
confidential information in the response, the respondent must provide the
complainant with the non-confidential portion(s) of the response ...
(12) The Superintendent will issue a written decision that addresses each
allegation in the complaint and contains findings of fact, conclusions, and
reasons for the Department's final decision within 60 days of receipt of the
complaint unless ....
(14) Parties may seek judicial review of the final order under ORS 183.484.
Judicial review may be obtained by filing a petition for review within 60
days of service of the final order with the Marion County Circuit Court or
with the Circuit Court for the County where the party resides. ....
581-015-2040
Free Appropriate Public Education (FAPE) and Age Ranges
(2) An otherwise eligible person whose 21st birthday occurs during the
school year is eligible for FAPE for the remainder of the school year. ....
581-015-2110
General Evaluation and Reevaluation Procedures
(5) Evaluation timelines:
(a) Initial. An initial evaluation must be completed within 60 school days
from written parent consent to the date of the meeting to consider
eligibility.
(b) Reevaluation. A reevaluation must be completed within 60 school days
from written parent consent (or from the date the evaluation is initiated
under OAR 581-015-2095(3)(c)) to the date of the meeting to consider
eligibility, continuing eligibility or the student's educational needs.
(c) Exceptions. An evaluation may be completed in more than 60 school days
under the following circumstances documented in the child's educational
record:
581-015-2130
Autism Spectrum Disorder
(b) Observations. At least three observations of the child's behavior,
at least one of which involves direct interactions with the child. The
observations must occur in multiple environments, on at least two different
days, and be completed by one or more licensed professionals knowledgeable
about the behavioral characteristics of autism spectrum disorder. ...
581-015-2220
When IEPs Must Be In Effect
(a) A school district must conduct a meeting to develop an initial IEP
within 30 calendar days of a determination that the child needs special
education. ....
581-015-2225
Review and Revision of IEPs
(1) Annual review: Each school district must ensure that the IEP Team
reviews the child's IEP periodically, but at least once every 365 days, to:
581-015-2250
Placement of the Child
School districts must ensure that:
(1) The educational placement of a child with a disability:
(a) Is determined by a group of persons, including the parents, and other
persons knowledgeable about the child, the meaning of the evaluation data,
and the placement options;
(b) Is made in conformity with the Least Restrictive Environment (LRE)
provisions of OAR 581-015-2240 to 581-015-2255.
(c) Is based on the child's current IEP;
(d) Is determined at least once every 365 days; and
(e) Is as close as possible to the child's home; ....
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. The private
school or preschool will be notified by the Department of its approval or
denial as quickly as possible but no later than 45 days after receipt of the
completed application. The period of approval of the private school or
preschool receiving initial approval will be from the date of notification
of approval by the Department until the 15th day of August.
(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) The Department will begin accepting a private school's or preschool's
annual application for renewal on April 1 of each year. The Department will
notify the private school or preschool of its decision to renew or deny
renewal of approval within 45 days of receipt of the completed application.
The period of approval for a private school requesting renewal will be one
year beginning on the 15th day of August. ....
581-015-2320
Surrogate Parents
(1) School districts must ensure that the rights of a child with a
disability, or suspected of having a disability, are protected by appointing
a surrogate parent not more than 30 days after a determination by the
district that the child needs a surrogate because
581-015-2345
Hearing Request and Response
(a) School district: If the school district has not sent a prior written
notice to the parent regarding the subject matter in the parent's due
process request, the school district must, within ten days of receiving the
request:
(A) Send to the parent a response that includes...
(A) The party that did not file the hearing request must, within ten days of
receiving the request for hearing, send to the other party a response that
specifically addresses the issues raised in the hearing request.
581-015-2350
Sufficiency of Hearing Request
(1) A written request for hearing will be deemed sufficient unless the party
receiving the request notifies the administrative law judge and the other
party in writing, within 15 days of receipt of the hearing request, that the
receiving party believes the notice does not meet the requirements of OAR
581-015-2345.
(2) Within five days of receiving notice that a party is objecting to the
sufficiency of the other party's hearing notice, the administrative law
judge must make a determination on the face of the hearing request of
whether the hearing request meets the requirements of OAR 581-015-2345, and
must immediately notify the parties in writing of that determination.
(3) A party may amend its hearing request only if:
(A) The other party consents in writing to the amendment and is given the
opportunity to resolve the hearing request through a resolution meeting; or
(B) The administrative law judge grants permission, except that this
permission may only be granted at any time not later than five days before a
due process hearing occurs.
(4) If a party files an amended hearing request, the applicable timelines
for the resolution session and resolution period begin again with the filing
of the amended hearing request.
581-015-2355
Resolution Process
(1) Resolution meeting:
(a) Within 15 days of receiving a parent's due process hearing request, the
school district must hold a resolution meeting with the parents and the
relevant member or members of the IEP team who have specific knowledge of
the facts identified in the complaint....
(2) Resolution period:
(a) If the school district has not resolved the dispute to the satisfaction
of the parents within 30 days of the receipt of the due process hearing
request, the due process hearing may occur.
(b) The 45 day hearing timeline begins at the end of the 30 day resolution
period except as provided in subsection (2)(c).
(c)The 45 day hearing timeline begins the next business day after any of the
following circumstances.
(A) The parties agree in writing to waive the resolution session.
(B) After the mediation or resolution meeting starts but before the end of
the 30 day resolution period, the parties agree in writing that no agreement
is possible.
(C) Both parties agree in writing to continue the mediation at the end of
the 30 day resolution period, but later, the parent or school district
withdraws from the mediation process. ...
(e) If the school district is unable to obtain the participation of the
parent in the resolution meeting after reasonable efforts have been made and
documented (as in OAR 581-015-2195), the school district may, at the
conclusion of the 30 day resolution period, request that a hearing officer
or administrative law judge dismiss the parent's due process hearing
request.
(f) If the school district fails to hold the resolution meeting within 15
days of receiving the parent's due process hearing request or fails to
participate in the resolution meeting, the parent may seek the intervention
of a hearing officer or administrative law judge to begin the 45 day hearing
timeline. ....
581-015-2360
Pre-Hearing Conference, Notice of Hearing and Hearing Rights
(a) During the pendency of any due process hearing or judicial appeal, the
child must, remain in the present educational placement unless:
(A) The school district and the parent agree otherwise;
(B) If applying for initial admission to a public school, the parent
consents to the child's placement in a program provided or selected by the
district at the district's expense until all proceedings are completed;
(C) The school district orders a change in placement to an appropriate
interim alternative educational setting for up to 45 school days due to a
weapon, illegal drug, or controlled substance incident or for serious bodily
injury;
(D) The administrative law judge orders a change in placement to an
appropriate interim alternative educational setting for up to 45 school days
due to the substantial likelihood of injurious behavior; or
(E) The school district implements a disciplinary removal to an interim
alternative educational setting for a student when the student's behavior is
determined not to be a manifestation of the student's disability.
(b) Any party to a hearing has the right to:
(A) Be accompanied and advised by counsel and by individuals who have
special knowledge or training with respect to the problems of children with
disabilities;
(B) Present evidence and confront, cross-examine, and compel the attendance
of witnesses;
(C) Prohibit the introduction of any evidence at the hearing that has not
been disclosed to that party at least 5 business days before the hearing; ....
581-015-2375
Decision of Administrative Law Judge
(1) The decision of the hearing officer in a contested case will comply with
ORS 343.167.
(2) The decision will be entered and mailed to the parties not later than 45
days after the expiration of the resolution period under OAR 581-015-2375
unless a specific extension has been granted by the administrative law judge
at the request of a party. ....
581-015-2405
Disciplinary Removals for Up to 10 School Days for Children with
Disabilities
(1) School districts may remove a child with a disability who violates a
code of student conduct from the child's current educational placement to an
appropriate interim alternative educational setting, another setting, or
suspension, for up to ten school days in a school year to the same extent,
and with the same notice, as for children without disabilities. These
removals are not considered a change in placement. ....
(3) For the purpose of counting days of suspensions under OAR 581-015-2405
through 581-015-2445:
(a) Suspensions of a half day or less are counted as a half day; and
(b) Suspensions of more than a half-day are counted as a whole day.
(4) For the purposes of determining "current educational placement" in
subsection (1) of this rule:
(a) Children who received special education services in another state and
are found eligible for special education in Oregon are treated as initially
placed in special education in Oregon, and any days of suspension accrued in
the former state are not counted toward the ten days.
(b) For children who move from one school district to another school
district in Oregon, any days of suspension from the former district carry
over to the new school district unless the school district does not have
actual knowledge of the previous suspensions. ....
581-015-2410
Additional Disciplinary Removals of Up to 10 School Days Each (No Pattern)
(1) School districts may remove a child with a disability who violates a
code of student conduct from the child's current educational placement to an
appropriate interim alternative educational setting, another setting, or
suspension for additional periods of up to ten school days in a school year
to the same extent, and with the same notice, as for children without
disabilities, if the removals do not constitute a pattern under section (2)
of this rule. These removals are not considered a change in placement. ...
Disciplinary Removals of More than 10 School Days (Pattern or Consecutive)
(1) A disciplinary removal is considered a change in educational placement
and the school district must follow special education due process procedures if:
(a) The removal will be for more than 10 consecutive school days (e.g.
expulsion); or
(b) The child will be removed for more than 10 cumulative school days from
their current educational placement in a school year, and those removals
constitute a pattern under OAR 581-015-2410(2).
(2) School personnel may consider any unique circumstances on a case-by-case
basis when determining whether to order a disciplinary removal under
subsection (1) for a child with a disability who violates a code of conduct.
(3) Manifestation determination. Within 10 school days of any decision to
change the placement of a child with a disability because of a violation of
a code of student conduct, the school district must determine whether the
child's behavior is a manifestation of the student's disability in
accordance with OAR 581-015-2420. ...
(2) School districts may remove a child with disabilities from their current
educational placement to an appropriate interim alternative educational
setting for the same amount of time that a child without a disability would
be subject to discipline, but for not more than 45 school days in a school
year without regard to whether the behavior is determined to be a
manifestation of the child's disability for:
(a) A drug or weapon violation as defined in subsection (1); or
(b) If the child has inflicted serious bodily injury upon another person
while at school, on school premises, or at a school function under the
jurisdiction of the Department or a school district. ...(c) Within 10 school
days of any decision to remove a child under subsection (2), determine
whether the child's behavior is a manifestation of the child's disability in
accordance with OAR 581-015-2420; and ....
581-015-2430
Removal to an Interim Alternative Educational Setting by Administrative Law
Judge (Injurious Behavior)
(1) "Injurious behavior" means behavior that is substantially likely to
result in injury to the child or to others.
(2) School districts may request an expedited due process hearing under OAR
581-015-2445 to obtain an order from an administrative law judge to order a
change in placement of the child to an interim alternative educational
setting for not more than 45 school days for injurious behavior.
581-015-2445
Expedited Due Process Hearings
(2) Expedited due process hearings must meet the requirements of OAR
581-015-2340 through 581-015-2385; except that:
(a) Unless the parents and school district agree in writing to waive the
resolution meeting in OAR 581-015-2355 or agree to use the mediation process
in OAR 581-015-2335:
(A) A resolution meeting must occur within seven days of receiving notice of
the due process hearing request; and
(B) The hearing may proceed unless the matter has been resolved to the
satisfaction of both parties within 15 days of the receipt of the due
process hearing request.
(b) The expedited hearing must occur within 20 school days of the date the
hearing is requested and must result in a written decision within 10 school
days after the hearing.
581-015-2515
Reimbursement for Private Placement
(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. ....
581-015-2570
Criteria for Funding of Educational Programs for Children Placed by State
Agencies for Psychiatric Day and Residential Treatment
(c) "Long-term" means 90 days or longer; ....
581-015-2575
School Programs in Private Hospitals
(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. ....
581-015-2590
Required Days of Instruction
The Department will schedule and provide an annual school year consisting of
a minimum 220 days of actual classroom instruction (time students are
present for a major portion of a scheduled school day, engaged in learning
experiences related to Department goals and under guidance of teachers). Up
to five days of temporary closure due to extraordinary conditions may be
counted toward the 220 days, subject to the Superintendent's approval. ....
581-015-2775
EI Evaluation
(d) Be completed in time to conduct the initial IFSP meeting within 45
calendar days from the date of referral; and ...
581-015-2785
Provision of EI Services Before an Evaluation and Assessment Are Completed
Early intervention services for an eligible child and the child's family may
begin before the completion of the evaluation and assessment process
described in OAR 581-015-2775 if the following conditions are met:
(1) Parental consent for evaluation and services is obtained;
(2) An interim IFSP is developed that includes:
(a) The name of the service coordinator who will be responsible for
implementation of the interim IFSP and coordination with other agencies and
persons; and
(b) The EI services that have been determined to be needed immediately by
the child and the child's family; and
(c) The evaluation and assessment are completed within the 45 calendar days
as required in OAR 581-015-0945(1)(d).
581-015-2790
ECSE Evaluation
(a) Initial. An initial evaluation must be completed within 60 school days
from written parent consent to the date of the meeting to consider
eligibility.
(b) Reevaluation. A reevaluation must be completed within 60 school days
from written parent consent (or from the date the evaluation is initiated
under OAR 581-015-2740(3) to the date of the meeting to consider
eligibility, continuing eligibility or the student's educational needs.
(c) Exceptions. An evaluation may be completed in more than 60 school days
under the following circumstances documented in the child's educational
record:
(A) The parents of a child repeatedly fail or refuse to produce the child
for an evaluation, or for other circumstances outside the school district's
control.
(B) The student is a transfer student in the process of reevaluation and the
public agency and the parents agree to a different length of time to
complete the evaluation in accordance with subsection (d);
(C) The public agency and parent agree to extend the timeline for an
evaluation to determine eligibility for specific learning disabilities in
accordance with OAR 581....
581-015-2805
EI and ECSE Transition
(b) With the approval of the child's family and in accordance with OAR
581-015-2810, a transition meeting to establish a transition plan must be
held at least 90 calendar days, and at the discretion of the parties, up to
nine months before the child's third birthday and must include....
581-015-2810
IFSP Meeting Procedures and Timelines
(1) Contractors or subcontractors must conduct a meeting to develop an
initial IFSP within:
(a) Forty-five calendar days from the date the child is referred for EI
services; and
(b) Thirty calendar days from the date the child is determined eligible for
ECSE services.
(2) Contractors or subcontractors must initiate and conduct a meeting to
review and revise the IFSP every 365 days to: ...
581-015-2830
Implementation of the IFSP
(d) Be in effect by the child's third birthday and at the beginning of the
school year for children receiving ECSE services.
(2) If a child's third birthday occurs during the summer, the child's IFSP
team must determine when services begin under the IFSP.
581-015-2875
Discipline of Children with Disabilities for ECSE
Contractors or subcontractors must follow the rules and procedures in OAR
581-015-2400 through 581-015-2445 for discipline of children with
disabilities age three through the age of eligibility for public school with
the following definition exceptions:
(1) "General curriculum" means appropriate activities engaged in by typical
children of the same age;
(2) "IEP" means IFSP; and
(3) "Day" means calendar days excluding weekends, holidays, and ECSE program
vacation days.
(4) "School district" means contractors or subcontractors.