Or. Admin. R. 581-015-2490 - Complaints and Due Process Hearings for Private School Children
(1) Due process
hearing procedures do not apply to complaints that a public agency has failed
to meet the requirements relating to the provision of services to and
expenditures for private school children, including the provision of services
indicated on the child's services plan.
(2) Due process hearing procedures do apply
to complaints that a public agency has failed to meet the child find
requirements, including the requirements regarding evaluation, determination of
eligibility for special education services, and reevaluation. Any due process
hearing request regarding the child find requirements must be filed with the
public agency in which the private school is located and with the Department
under OAR 581-015-2345.
(3)
Complaints that a public agency has failed to meet any of the requirements
related to private school children may be filed under OAR
581-015-2030.
Notes
Stat. Auth.: ORS 343.055, 343.155
Stats. Implemented: ORS 343.055, 34 CFR 300.140
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