2011 ORS § 346.015¹
Preparing individual education plan prior to placement
  • consultation
  • declaration that district cannot provide education
  • rules

(1) Prior to convening a meeting to prepare an individual education plan for a child with an intellectual disability or a developmental disability for whom placement at the school operated under ORS 346.010 (Training and educational services for children who are deaf) may be considered, the agency that is providing the education for the child shall notify the local community developmental disabilities program. The case manager responsible for programs for children with intellectual disabilities or developmental disabilities, in consultation with the Department of Human Services, shall evaluate whether the child also has needs for alternative residential care or other support services. If the evaluation determines this to be the case, but documents that community resources are not available to meet these needs, the school district may proceed with the meeting to prepare the individual education plan in which placement at the school operated under ORS 346.010 (Training and educational services for children who are deaf) may be considered.

(2) An agency providing education under subsection (1) of this section may initiate the procedure in subsection (1) of this section for any child who does not have an intellectual disability or a developmental disability when in the agencys judgment a treatment or residential issue is prompting proposed placement under ORS 346.010 (Training and educational services for children who are deaf).

(3) A child may not be placed in the school operated under ORS 346.010 (Training and educational services for children who are deaf) unless the district superintendent or the superintendents designee has signed a statement declaring that the district cannot provide a free appropriate public education for the child commensurate with the needs of the child as identified by the individual education plan of the child and that the school is the least restrictive environment in which the child can be educated.

(4) By rule, the State Board of Education shall determine procedures to be followed by local education agencies in carrying out this section. [1985 c.555 §5; 1989 c.491 §54; 2001 c.36 §2; 2001 c.900 §61; 2007 c.70 §114; 2007 c.858 §73; 2009 c.562 §26; 2009 c.595 §219; 2011 c.544 §3]