Or. Admin. R. 413-200-0354
Requirements Regarding the Education of a Child
Effective Aug 11, 2025ORS 409.050, ORS 418.005 & ORS 418.640 | Statutes/Other Implemented: ORS 418.005, ORS 409.010, ORS 418.015, ORS 418.625, ORS 418.627, ORS 418.630, ORS 418.635, ORS 418.640, ORS 418.642, ORS 418.643, ORS 418.644, ORS 418.645, ORS 418.647 & ORS 418.648Department of Human Services
(1) The resource parent must comply with the following requirements related to the education of the child in the care or custody of the Department placed in the home unless the child is the educational decision maker:
- (a) Enroll the child in their school or educational placement when directed by the Department. The Department must authorize enrollment of a child for any school placement not authorized by the child’s Individualized Education Plan (IEP) team.
- (b) Support the child in their school or educational placement and respond to inquiries from the school or educational placement.
(c) Assure the child regularly attends the school or educational placement, monitor the educational progress of the child, and share the following information with the caseworker in a timely manner:
- (A) The report cards of the child;
- (B) Any reports received from the teacher, school, or educational placement;
- (C) Any evaluations received as a result of educational testing or assessment; including the Individualized Education Plan (IEP) or Individualized Family Service Plan (IFSP);
- (D) If the school has identified suicidal ideation or self-harming behaviors;
- (E) Any excused and unexcused absences;
- (F) Disciplinary reports and notices of restraint or seclusion regarding the child; and
- (G) Ongoing progress toward high school graduation of a child, including number of credits earned and diploma type the child is expected to receive;
- (d) Monitor and share with the caseworker in a timely manner the educational successes, learning style, and potential learning difficulties of the child.
- (e) Work with the caseworker of the child when referring the child for assessment of a possible disability.
- (f) Inform the caseworker of and invite the caseworker to Individualized Education Plan (IEP) meetings, school conferences, and other school-related meetings.
- (2) The resource parent may consent for the child to attend school-related activities such as, but not limited to, school enrollment, field trips within the state of Oregon, routine social events, sporting events, photographs, and cultural events.
- (3) When the resource parent has been identified as the parent by the school district, the resource parent may consent to evaluation for an Individualized Education Plan (IEP), Family Service Plan (IFSP) or 504 plan and special education decisions.
- (4) When the child in the care or custody of the Department placed in the home has been assigned a surrogate parent to make special education decisions, the resource parent must work in collaboration with the surrogate for an IEP, IFSP, 504 plan special education decisions, and abbreviated school day decisions.
Statutory/Other Authority
ORS 409.050, ORS 418.005 & ORS 418.640
Statutes/Other Implemented
ORS 418.005, ORS 409.010, ORS 418.015, ORS 418.625, ORS 418.627, ORS 418.630, ORS 418.635, ORS 418.640, ORS 418.642, ORS 418.643, ORS 418.644, ORS 418.645, ORS 418.647 & ORS 418.648
History
CWP 12-2025, amend filed 08/07/2025, effective 08/11/2025
CWP 9-2021, amend filed 03/26/2021, effective 04/15/2021
CWP 53-2019, amend filed 12/23/2019, effective 01/01/2020
CWP 54-2018, amend filed 06/29/2018, effective 06/29/2018
CWP 2-2018, temporary amend filed 01/01/2018, effective 01/01/2018 through 06/29/2018
CWP 20-2015, f. & cert. ef. 10-1-15
CWP 37-2011, f. 12-27-11, cert. ef. 12-28-11
CWP 3-2009, f. & cert. ef. 2-2-09
CWP 19-2007, f. & cert. ef. 11-1-07
CWP 12-2007(Temp), f. & cert. ef. 7-13-07 thru 11-27-07
CWP 4-2007, f. & cert. ef. 3-20-07