Or. Admin. R. 581-015-2270 - Standards for Approval of Private Schools for School-age Children
(1) Applicability:
(a) This rule applies to private schools that
intend to provide special education and related services to school-age children
with disabilities who are placed in the school by a school district.
(b) This rule does not apply to educational
programs operated by public agencies at treatment centers under OAR
581-015-2570 to 581-015-2574.
(c)
This rule does not apply to private alternative schools registered under OAR
581-021-0072 if the contracting school district is providing the special
education and related services in the student's IEP.
(2) Requirement for approval: Private schools
that intend to provide special education under a written agreement with a
school district must submit an application for initial approval and an annual
application for renewal to the Department on a form provided by the Department
in accordance with this rule.
(3)
Initial approval: The application for initial approval must include:
(a) Documentation that the private school
meets the following requirements:
(A) The
applicable fire codes of the local or state fire marshal, including an annual
inspection and documentation of correction of any violations;
(B) Facility occupancy and use standards set
forth by the appropriate local building inspectors;
(C) Health standards of the county health
department (including annual inspection and correction of any violations for
environmental health, food service, and communicable disease); and
(D) OAR 581-022-1420 Emergency Plans and
Safety Programs;
(E) If the private
school acquired or leased a building after October 12, 1988, a copy of the
Asbestos Management Plan in accordance with OAR 581-022-1430; and
(F) OAR 581-022-1440 Infectious Diseases
including Acquired Immune Deficiency Syndrome (AIDS), Human Immunodeficiency
Virus (HIV), and Hepatitis B and C
(b) Documentation that the private school:
(A) Has in effect commercial general
liability insurance with policy limits of at least $500,000 per school site.
(i) The private school must provide the
Department with the name of the insurance company, the number of the insurance
policy, the policy limits covered by the policy, and the effective term of the
policy.
(ii) If policy will expire
during the approval year, the private school must submit documentation to the
Department before the expiration date to maintain approval
status.
(B) Has
procedures in place regarding staff hiring and evaluation that require:
(i) The careful checking of personal and
professional references for all potential employees;
(ii) Criminal background checks in compliance
with ORS 181.539,
326.603,
326.607 and
342.232 for all potential
employees; and
(iii) A regular
schedule of staff evaluations of the competencies of all employees to work with
children.
(C) Has a policy
of nondiscrimination;
(D) Provides
hours of instruction that meet state standards;
(E) Grants credit toward high school
graduation consistent with OAR 581-022-1130 Diploma Requirements and
581-022-1350(2) and (3) Alternative Education Programs, or, if appropriate, an
alternate document of completion as permitted under ORS
343.295.
(c) Assurances that the private school:
(A) Uses curriculum content, teaching
practices and equipment that do not violate the constitutional prohibition on
religious entanglement;
(B)
Implements the special education services as described in each child's
individualized education program in accordance with the contract between the
private school and the placing school district;
(C) Maintains the confidentiality of student
records consistent with state and federal laws relating to student
records;
(D) Notifies the
Department and the contracting public agency of any written complaint it
receives concerning the special education programs and services being
provided;
(E) Notifies the
contracting public agency of the need for any change in a child's educational
program and does not make changes in a child's IEP or special education program
or services, or placement, unless the contracting school district consents to
the changes; and
(F) Initiates and
convenes IEP meetings only when this assistance is requested by a written
agreement with the contracting school district in accordance with OAR
581-015-2265;
(G) Evaluates a child
only when this assistance is requested by a written agreement with the
contracting school district;
(H)
Has at least one individual qualified to provide special education and licensed
according to rules established by the Teacher Standards and Practices
Commission available to serve the population of students described in the
application. Private schools may provide special education and related services
to students with disabilities placed by public agencies by employing
professionals who are licensed within their own specialties. Pursuant to OAR
584-036-0010, these personnel are not required to hold licensure from the
Teacher Standards and Practices Commission.
(I) Ensures that students have the
opportunity to participate in district-wide and state-wide assessments of
student achievement; and
(J) Meets
the state curriculum standards set pursuant to OAR 581-022-1210.
(4) Renewal: The annual
application for renewal of approval must include:
(a) Documentation that the private school
meets:
(A) The requirements in subsection
(3)(a)(A) and (3)(a)(C);
(B) If
remodeled since the previous approval, the requirement in subsection
(3)(a)(B);
(b)
Documentation that the private school has insurance in accordance with
subsection (3)(b)(A);
(c)
Assurances that the private school meets the requirements in subsection
(3)(a)(D)-(F), (3)(b)(B)-(E); and (3)(c).
Notes
Stat. Auth.: ORS 343.041, 343.045 & 343.055
Stats. Implemented: 343.221
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