Oregon Department of Education
Chapter 581
Division 15
SPECIAL EDUCATION
581-015-2450
Definitions
For the purposes of OAR 581-015-2450 through 581-015-2515, the following definitions apply:
(1) "Enrolled in a public school or ECSE program" means enrolled in, attending, and, for children ages 7 to 18, not exempt from compulsory school attendance as a private school student.
(2) "IDEA funds" means federal funds allocated to the public agency under the Individuals with Disabilities Education Act.
(3) "Private school child with a disability" means a child with a disability or preschool child with a disability aged 3 to school-age who has been enrolled by a parent in a private school or facility, and who, if aged 7 to 18, is exempt from compulsory school attendance under ORS 339.115.
(a) This term includes school-age children who are exempt from compulsory school attendance under ORS 339.115, even if a school district permits the student to attend one or more classes pursuant to a district policy permitting partial enrollment.
(b) This term does not include:
(A) Children three years of age until the age of eligibility for public school who can be provided a free appropriate public education in a private preschool or child care setting selected and paid for by their parents; or
(B) Children who are exempt from compulsory school attendance under ORS 339.115 as a home schooled student; or
(C) Children who are not of compulsory school attendance age who have rejected public agency services but who are not attending a private school; or
(D) Children who are placed in a private school by the public agency.
(4) “Private school” means a private elementary or secondary school or facility, including a private religious school. A preschool is considered a private school under this provision only if it is part of a private elementary or secondary school.
(4) "Public agency" means:
(a) For school-aged children, the school district where the private elementary or secondary school is located; and
(b) For children aged 3 up to school-age, the EI/ECSE contractor where the private elementary school or secondary school is located.
(5) "Services plan" means a written statement that describes the special education and related services the school district will provide to a parentally-placed private school child with a disability who has been designated to receive services, including the location of services and any transportation necessary, consistent with OAR 581-015-2460. Unlike an IEP or IFSP, a service plan does not need to provide a free appropriate public education.
Statutory/Other Authority: ORS 343.041, 343.045 & 343.055
Statutes/Other Implemented: ORS 343.055 & 34 CFR 300.133
History:
Renumbered from 581-015-0705, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 6-2003, f. 4-29-03, cert. ef. 4-30-03
ODE 16-2000, f. & cert. ef. 5-23-00