Each public agency must ensure that a child with a disability who is placed in or referred to a private preschool, school or facility by the public agency as a means of providing early intervention/early childhood special education (EI/ECSE) or special education and related services:

1. (1) Is provided EI/ECSE or special education and related services in conformance with an IEP or IFSP, and at no cost to the parents;
2. (2) Is provided an education that meets the standards that apply to education provided by the public agency (except that private school teachers do not need to be highly qualified special education teachers); and
3. (3) Has all of the rights of a child with a disability who is served by the public agency.

Statutory/Other Authority

ORS 343.041, 343.045 & 343.055

Statutes/Other Implemented

ORS 343.221 & 34 CFR 300.148

History

Renumbered from 581-015-0701, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 12-2000, f. 5-3-00, cert. ef. 5-3-00