The State Board of Education shall establish by rule procedures to protect the rights of every child with a disability who is eligible for special education and every child who there is a reasonable cause to believe has a disability, including:
- (1) Rules providing for the participation of the parents of a child with a disability in meetings regarding the child’s identification, evaluation, individualized education program, educational placement and the provision of a free appropriate public education to the child.
(2) Rules governing the procedures for the appointment of a surrogate for the parent and other rules necessary to protect the special educational rights of the child, which shall include, but need not be limited to, rules applicable whenever:
- (a) No parent of the child can be identified or located after reasonable efforts;
- (b) There is reasonable cause to believe that the child has a disability and is a ward of the state;
- (c) The child is an unaccompanied homeless youth;
- (d) The child reaches the age of majority and has been determined not to have the ability to give informed consent regarding the child’s education; or
- (e) The parent, guardian or former guardian of the child is disqualified from being appointed as a surrogate under ORS 343.156.
- (3) Rules prescribing mediation procedures, resolution sessions and hearings procedures if identification, evaluation, individualized education program or placement is contested.
- (4) Rules prescribing when notice of procedural safeguards must be given to the parents or the child with a disability who has reached the age of majority, the content of the notice and the language of the notice.
- (5) Rules prescribing standards and procedures for disciplinary actions for behavior or misconduct of a child with a disability.
- (6) Other procedural safeguards as required by law.
[1979 c.423 §3 (enacted in lieu of 343.077); 1989 c.491 §34; 1991 c.795 §3; 1999 c.989 §10; 2005 c.662 §4; 2007 c.70 §103; 2011 c.194 §7; 2013 c.1 §41]