1. (1) Any private educational institution located outside the state of Oregon which provides special education to Oregon students eligible for special education pursuant to a contract with an Oregon district, ESD, or the Oregon Department of Education must first be approved by the state education agency of the state in which the educational institution is located.
2. (2) Documentation of such approval must be maintained by the district placing a child in an out-of-state program and made available to the Department upon request.

3. (3) Contractual arrangements for out-of-state special education services may be made when:

   1. (a) It is determined that no appropriate in-state placement option is available; and
   2. (b) Such a placement is made after the development of an IEP as specified in OAR 581-015-2190 through 581-015-2225.
4. (4) In the event the state does not have a formal, approved process, the school shall meet whatever requirements apply for private schools to serve publicly placed students in that state.

Statutory/Other Authority

ORS 343.041 & 343.045

Statutes/Other Implemented

ORS 343.041 & 343.045

History

ODE 10-2007, f. & cert. ef. 4-25-07