Current through Register Vol. 63, No. 9, September 1, 2024
(1) For all
school purposes, residency for charter school children is determined in
accordance with ORS chapter 338, revised 2011.
(2) In accordance with procedural safeguards
for special education, a school district must serve resident children with
disabilities attending public charter schools located in the district in the
same manner as the school district serves children with disabilities in other
district schools, including but not limited to:
(a) Identifying, locating, and evaluating
students, in accordance with OAR 581-015-2100 - 581-015-2180, to determine
which children enrolled in a public charter school may be in need of special
education and related services
(b)
Implementing special education and related services according to each child's
individual education programs (IEP) in accordance with OAR 581-015-2200 -
581-015-2230.
(c) Providing
supplementary and related services on site at the public charter school to the
same extent to which the school district has a policy or practice of providing
such services on site to its other public schools.
(3) A school district in which a public
charter school is located must provide IDEA funds to those charter schools on
the same basis as the school district provides IDEA funds to other public
schools in the district, including proportional distribution based on relative
enrollment of children with disabilities, at the same time as funds are
distributed to other public schools in the district.
(4) When a student enrolls in a public
charter school, the school district in which the public charter school is
located shall:
(a) Provide written
notification of the student's enrollment to the student in which the student
resides;
(b) Request, in accordance
with applicable confidentiality provisions in IDEA and OAR 581-015-0220 through
581-015-0400 and 34 CFR
§§
300.610 through
300.620, the student records of
the student, including all information related to an individualized education
program developed for the student;
(c) If a student resides in another district,
provide written notification to the student's parent, guardian, or person in
parental relationship to provide information about:
(A) The school district's responsibility to
identify, locate and evaluate to determine a student's need for special
education and related services and to provide those special education services
in the public charter school; and
(B) The methods by which the school district
may be contacted to answer questions or provide information related to special
education and related services.
(5) Each school district that receives an
individualized education program (IEP) under subsection (4)(b) must, in
consultation with the child's parents, provide a free appropriate public
education to the child, in accordance with OAR 581-015-2230(1), until the new
district implements the individualized education program from the previous
district or develops, adopts and implements a new IEP that meets the applicable
requirements. If the information received was in effect in a previous school
district in another state, the district will implement it in accordance with
OAR 581-015-2230(2).
(6) When a
student no longer is enrolled in a public charter school for any reason, the
school district in which the public charter school is located shall notify
(a) The school district in which the student
resides to provide notice:
(A) that the
student no longer is enrolled in the public charter school; and
(B) that the district will provide the
student education records including all information related to the student's
individualized education program if the student seeks enrollment or services
from the district in which the student resides. Transfer of the information in
(6)(b)(ii) is subject to the confidentiality provisions of IDEA and OAR
581-021-0230 - 581-021-0400.
(b) The student's parent, guardian or person
in parental relationship to provide information about:
(A) The responsibility of the school district
in which the student resides to identify, locate and evaluate students and
implement services; and
(B) The
methods by which the school district in (6)(a) may be contacted to answer
questions or provide information about special education and related
services.
(C) The responsibility of
the district to provide student education records, including all information
related to the student's individualized education program, if the student seeks
enrollment or services from another school district, including the parental
resident district. Transfer of student education records (6)(b)(ii) is subject
to the requirements of IDEA and OAR 581-021-0230 - 581-021-0400.
Stat. Auth.: ORS
338.165
Stats. Implemented: ORS
338.165,
343.045,
34 CFR
300.209
