(1) The following shall apply to Due Process Hearings involving students attending education programs:
- (a) The contracting school district is the “school district” for the purposes of carrying out the procedures required by OAR 581-015-2340 through 581-015-2385;
- (b) The issues of the hearing do not include the placement by the public entity, private entity or its designee or by the child’s parent for long-term treatment;
- (c) Costs under OAR 581-015-2385(1)(a) that are in excess of the contracted educational program budget will be paid by the Oregon Department of Education;
- (d) The Oregon Department of Education is a party to such proceedings and is responsible to provide additional educational services ordered by an administrative law judge that are beyond the scope of the written agreement between the Department and the contracting school district under OARs 581-015-2570 through 581-015-2574.
- (2) The Department is not responsible for paying for transportation, care, treatment or medical expenses.
Statutory/Other Authority
ORS 326.051 & 343.961
Statutes/Other Implemented
ORS 343.243 & 343.961
History
ODE 15-2011, f. & cert. ef. 12-15-11
ODE 14-2009, f. & cert. ef. 12-10-09