Current through Register Vol. 63, No. 9, September 1, 2024
(1) To
ensure timely and meaningful consultation, public agencies must consult with
representatives of private school children with disabilities during the design
and development of special education and related services for the children,
including regarding:
(a) The child find
process, including how private school children suspected of having a disability
can participate equitably, and how parents, teachers, and private school
officials will be informed of the process;
(b) The determination of the proportionate
share of IDEA funds available to serve private school children with
disabilities, including the determination of how the proportionate share of
funds was calculated;
(c) The
consultation process among the public agency and representatives of private
school children with disabilities, including how such process will operate
throughout the school year to ensure that private school children with
disabilities identified through the child find process can meaningfully
participate in special education and related services;
(d) How, where and by whom special education
and related services will be provided for private school children with
disabilities, including a discussion of the types of services (including direct
services and alternate service delivery mechanisms), how such services will be
apportioned if funds are insufficient to serve all children, and how and when
these decisions will be made; and
(e) How, if the public agency disagrees with
the views of private school officials on the provision of services or the types
of services (whether provided directly or through a contract), the public
agency will provide to the private school officials a written explanation of
the reasons why the public agency chose not to provide services directly or
through a contract.
(2)
For the purposes of this rule, "representatives of private school children with
disabilities" means representatives of parents of private school children with
disabilities and private school officials or other private school
representatives.
(3) The public
agency makes the final decisions with respect to the services to be provided to
eligible private school children.
Stat. Auth.: ORS
343.041,
343.045,
343.055;
Stats. Implemented: ORS
343.041,
343.055 &
34
CFR 300.134 &
137
