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Administrative Rules Part I: Instruction

Table Of Contents

I1000 – Instruction and Curriculum

Last updated: Sep 17 2008 – 11:26am

The following rules apply to Instruction and Curriculum.

I1100 – Organization of Instructional Advisory Council (IAC)

Last updated: May 17, 2016

  1. Purpose
    The purpose of the IAC is to serve as an advisory group for the district in addressing curricular, instructional and assessment issues.  The IAC will process or respond to recommendations made by other groups as needed; provide input to guide districtwide instructional policy leadership; and to formulate, propose or provide feedback regarding instructional issues that require Instructional Leadership Team or superintendent action.
  2. Membership
    Membership will include teachers and administrators from each level – elementary, middle, high, special education – and each region, four parents – one from each level and special education, and up to six others appointed by the superintendent or designee.  In addition, the Board chair will appoint up to two school board members.  Appointments will last for a duration of two years and members can be reappointed for additional terms.  In addition, other individuals may be asked to participate dependent upon the issues and necessary expertise.  The IAC will be chaired by the assistant superintendent of instruction or designee.
  3. Meetings
    The IAC will meet as needed during the course of the school year. Typically, one meeting will be held in the fall, winter and spring at a time determined annually by the full membership of the council.  Special meetings, if needed, may be called by the assistant superintendent of instruction or designee.

I1200 – Procedures for Identifying, Adopting, and Implementing Required District Curriculum and Materials

Last updated: Sep 17 2008 – 11:25am

Academic Content Standards are developed for each required subject area and made available to school districts throughout the state by the Oregon Department of Education. These documents are reviewed and prioritized by representative teams in each content area and referred to the Instructional Leadership Team, Instructional Policy Council and recommended to the Board for adoption. Following adoption of the Academic Content Standards, the Instructional Leadership Team establishes the guidelines and clarifies the process for adopting instructional materials that support the standards.
Staff development activities and in-service training may be designed by the Instructional Leadership Team and individual buildings to support the implementation of the District Curriculum.
(See Instruction Web Page for guidelines, process, rubrics and recommendations.)

Citings

District Curriculum – IG

Philosophy Statement – AD

Selection of Instructional Materials – IIA

OAR 581-022-1640

I1200.01 – Standardized Course Codes, Awaiting Credit and Transfer of Credit

Last updated: Jul 24 2009 – 2:59pm

1. The office of Secondary Services in the Instruction Department oversees the development of common course codes for use in middle and high schools.

2. The office of Secondary Services in the Instruction Department maintains a Curriculum Committee at both the middle and high school levels to review on-going revisions to the course coding as well as establish and update practices regarding the awarding of credit within district schools and transferring credit from outside the district.

I1300 – Guidance and Counseling

Last updated: Sep 17 2008 – 11:26am

The district will implement state law regarding Guidance and Counseling requirements. Administrative rules will be developed during the 2008-09 school year.

I1400 – Human Growth and Development

Last updated: Sep 17 2008 – 11:26am

Human Sexuality Education

The district shall provide age-appropriate, comprehensive human sexuality instruction for all students. Instruction shall be integrated in the health education curriculum. Instruction shall include information about:

  1. Responsible sexual behaviors and hygienic practices which eliminate or reduce the risks of pregnancy, exposure to human immunodeficiency virus, hepatitis B and other infectious or sexually transmitted diseases;
  2. Abstinence for school-age youth and mutually monogamous relationships with an uninfected partner for adults, without the devaluing or ignoring of those young people who have had or are having sexual intercourse;
  3. Contraceptive and disease reduction measures;
  4. Statistics based on the latest medical information regarding both the possible side effects and health benefits of all forms of contraceptives, including the success and failure rates for prevention of pregnancy, and the efficacy of contraceptives in preventing HIV infection and other sexually transmitted diseases;
  5. Emotional, physical and psychological consequences of early sexual involvement, including the consequences of disease or an unintended pregnancy;
  6. Sexually transmitted diseases as serious possible hazards of sexual contact;
  7. Laws pertaining to a young person’s financial responsibility for their children;
  8. Laws pertaining to persons 18 years of age/older having sexual relations with persons younger than 18 to whom they are not married;
  9. No form of sexual expression being acceptable when it physically or emotionally harms oneself or others;
  10. Unwanted physical or verbal sexual advances, and how to decline or accept them;
  11. The wrongness of taking advantage of or exploiting another person;
  12. The importance of honesty with oneself and others, respect for each person’s dignity and well being and responsibility for one’s actions;
  13. Development of self-esteem, the development and practice of effective communication skills and the ability to resist peer pressure;
  14. Responsible decision-making. The district shall coordinate the course with the state/local health department where applicable.

The district shall make known to parents and district residents that the human sexuality instructional materials used in class, in a course, assembly or school-sponsored activity are available for review. The district shall also encourage family communication and involvement.

Parents of minor students shall be notified in advance of any human sexuality instruction. The notice shall state an opportunity to review materials, no student shall be required to take or participate in the instruction and a written objection submitted to the district will excuse a student with no disciplinary or academic consequences.

Citings

Objections to Instructional Materials – IGBHD

ORS 336.035

ORS 336.107

ORS 336.455 – 366.475

I1500 – Infectious Diseases Instruction Including HIV/AIDS

Last updated: Jun 29 2009 – 1:04pm

In order to comply with Oregon Administrative Rules, the district will incorporate an age-appropriate plan of instruction about infectious diseases including Acquired Immune Deficiency Syndrome (AIDS), Human Immuno-Deficiency Virus (HIV), Hepatitis B (HBV), and Hepatitis C (HCV) as an integral part of our health education curriculum (K-12).
At the beginning of each school year the district will inform parents of the district’s HIV/AIDS educational program.

Before the plan of instruction is provided, each school will give parents timely notice of the following:

  1. The scheduled time for teaching the unit;
  2. The general content to be covered;
  3. The major topics to be discussed;
  4. The opportunity to preview course material; and
  5. The right to withdraw their child from any part of the program and that alternative lessons will be provided.

‘Timely” means that the parent has an adequate amount of time to receive the school’s notice, attend any meetings scheduled by the school for review of the curriculum or to make an appointment with school staff to review and discuss the curriculum and curriculum material, and to submit a written request to have the student withdrawn from all or part of the program.

Each school will give parents the opportunity to preview the district curriculum and material that will be used in its HIV/AIDS instructional program.

Parents who have concern about the instructional program should be encouraged to discuss their concerns with teachers and principals. If they cannot be convinced of the value of the program, they should be assisted in pinpointing topics that they will not allow their children to study. Upon written notice

 

Citings

ORS 336.035(2)

ORS 336.455-475

I1600 – Separation of Church and State

Last updated: Sep 17 2008 – 1:52pm

Introduction

The following administrative rules and guidelines have been developed to assist school personnel in determining how to carry out the intent of School District 4J Board Policies IGAC and JEFB.

  1. That public schools exist to provide a secular education for all children, and religious instruction is not appropriate in the public schools.
  2. That it is appropriate for public schools to teach about religions within a cultural and historical context for the purpose of meeting secular educational objectives.
  3. That public schools may acknowledge traditional holidays which have both a religious and secular basis.

Rules and Guidelines

  1. Schools must maintain religious neutrality. Religious neutrality means that schools must not aid or inhibit any religion nor favor believers or nonbelievers. Teachers should avoid practices which tend to single out and isolate pupils and result in their having to choose between participating in some activity and violating their own religious beliefs. Although it may not be possible to avoid every activity which may offend any student, the district is committed to egalitarian principles and will refrain from religious observances or celebrations using public funds, time, or facilities.
    Programs which teach about religion and its role in the social and historical development of civilization do not violate the religious neutrality of the public school.
    Students are excused from school, without any penalty, for religious holy days.
  2. Schools may teach about religions and religious freedom. Public schools should take cognizance of religion and its role in human society. (Factual and objective teaching about religion is distinguished from religious instruction.) Intercultural programs focusing on the role that religion has played in history are desirable in a multiethnic society. The district encourages programs which educate students about the principles of religious liberty as one of the central elements of freedom in America.
    Teachers may explain the meanings of various religious activities and holidays. To be sure that adequate, accurate information is provided, teachers should usually not ask children to explain religious practices or observances since they may not have a clear understanding of the subject. It is preferable to ask a qualified adult to explain the practice or observance.
    Any student who objects to instruction about religion or religious holidays shall be exempted from that instruction or given alternatives.
  3. Schools may acknowledge traditional holidays that have both a religious and secular basis. The following rules will apply for holiday activities and programs:
    1. Neither worship services nor religious ceremonies or programs of any kind shall be held in observance of any holiday.
    2. Traditional religious music is permitted only as a minor part of a school-sponsored activity or program during a holiday season.
    3. The display of religious symbols such as a cross, nativity scene, Star of David, or other symbols that are a part of a religious holiday is not permitted.
    4. Seasonal decorations associated with holidays are permissible, provided the decorations are not religious in nature.
    5. Exchanging gifts as a celebration of any holiday shall be avoided because such a practice causes considerable distress for students who cannot participate.
  4. School facilities may be used by groups or individuals for religious purposes outside of regular school hours, under specific conditions. Board policy KG gives specific conditions for building usage after school hours.
    According to board policy, visitors to schools must have a purpose related to the district’s educational programs, the immediate personal welfare of the student, or be enrolled in another secondary or elementary school. Visitors whose purpose is to influence or solicit students shall be denied entry to the school, based upon the principal’s judgment of their purposes. Board policy forbids allowing nonstudents to meet with students for religious purposes on school premises, except that which is incidental to renting or leasing of school buildings.
    Baccalaureate exercises which are religious in nature may not involve the use of school funds or school time. Such an activity may be held in a school building as a Class II C activity, under Board policy KG, Community Use of School Facilities.
  5. Students may be released for religious instruction under the provisions of Oregon Law. School board policy JEFB states:

    District 4J will permit elementary and secondary school students to be released from school each week consistent with Oregon law for religious instruction.
    Religious teachers will not be permitted to promote student participation by directly contacting students on school premises, or by involving students in the released time program to recruit their friends who remain in the classroom. This means that all promotional activities will be conducted away from the school premises.
    A written request must be signed by parent or guardian before the student is released.

    Teachers and principals are directed to remain neutral in this matter, neither encouraging nor discouraging student participation. Parents may be notified by bulletin or newsletter that permission slips are available in each school office and will be issued upon request. After a parent permission slip has been received by the school, the student is expected to attend the released time classes, unless the parent rescinds the permission or approves an absence. Students attending the released time program will be excused by the classroom teacher at the scheduled time approved by the principal.

  6. High Schools may allow religious meetings of students. The United States Supreme Court has upheld the right of student religious groups or clubs to meet at high schools that allow non-curriculum related student groups to meet (i.e., schools that have a limited open forum). All District 4J high schools have limited open forums and cannot discriminate against meetings of students on the basis of political, philosophical, or religious speech. Therefore, District 4J high schools must allow groups of students to have religious meetings, consistent with the Student Rights and Responsibilities Handbook.
    The following rules apply to religious meetings by high school students.

     

    1. The school cannot sponsor religious clubs, but the school may officially recognize a student religious club. A group of students cannot become a sponsored school club.
    2. Groups of students may form a club and may have religious meetings, including religious reading and prayer.
    3. Facilities should be made available for these students just as they would be for other groups of students (including sanctioned school clubs). Therefore, if you allow students to meet during the lunch hour, you must allow students to have religious meetings at this time as well. You may limit all student meetings to before or after school if you choose to do so for all clubs.
    4. It is acceptable to have a faculty monitor attend for custodial purposes only and to provide general supervision. The faculty monitor may not participate in the activity nor advise students about their activities.
    5. No nonschool person can direct, control or regularly attend student religious meetings.
    6. Students who want to meet to have religous discussions may distribute leaflets to other students and may hang posters in the “free speech” area designated by the school administration. School announcements, including the use of the public address system, should be allowed to the same extent for religious clubs as for other clubs.

 

Citings

 

Religious Instruction – IGAC

 

Released Time for Students – JEFB

 

I1700 – Community Educators (Guest Speakers) and Outside Presenters

Last updated: May 3 2010 – 9:46am

We recognize that guest speakers and outside presenters are a valuable resource for enriching district curricula. Community presenters and guest speakers must adhere to the following guidelines:

  • Information presented must be educational, not promotional. Presenters are prohibited from gathering personally identifying information from students. It is allowable for presenters to post their name, the name of the organization with which they are affiliated, and phone number, email address, or other contact information. This contact information should be given in a neutral way and can remain posted throughout the presentation and shall be removed when the presentation is over.
  • The information presented should be age appropriate and relevant to curriculum and classroom instruction.
  • The information must be presented in a neutral and non-discriminatory manner.
  • District representatives have a responsibility for vetting and supervision of guest speakers and outside presenters. Building administrators have the authority to cancel or stop presentations deemed to be inappropriate.

I2000 – Students with Disabilities

Last updated: Sep 17 2008 – 11:26am

The following rules apply to Students with Disabilities.

Citings

Students with Disabilities – IGBA

Participation in Regular Education Programs – IGBAE

Individualized Education Program (IEP) – IGBAF

Procedural Safeguards – IGBAG

Evaluation Procedures – IGBAH

Private Schools – IGBAI

Free Appropriate Public Education (FAPE) – IGBAJ

Services for Home-Schooled Students with Disabilities** – IGBAL

I2100 – Child Identification Procedures

Last updated: Sep 17 2008 – 11:26am

The District’s Child Find Efforts include:

  1. Public awareness. District child find activities will involve local media resources and direct contact activities, such as presentations at community meetings, business group meetings, services agencies or advocacy organizations.
    1. The district will provide information about special education services in the district and the district’s special education referral process to public and private facilities located in the district, including day care centers, homeless shelters, group homes, county jails, hospitals, medical offices and other facilities that serve children birth to 21 years old.
    2. The district will provide information about special education services and how to make a referral to any migrant education programs operating in the district.
  2. Notice of confidentiality. Before any major child find activity, the district will publish notice in newspapers or other media, or both, informing parents that confidentiality requirements apply to these activities. Circulation for this notice must be adequate to inform parents within the district’s jurisdiction.
  3. Staff awareness. The district will ensure that staff are knowledgeable of the characteristics of disabilities and the referral procedures for students, including preschool children, suspected of having disabilities.
  4. Communication to parents. District staff shall inform parents about the availability of special education services in the district and provide them with information about initiating referral for special education evaluation, including the information about early intervention/early childhood special education services (EVECSE) and the designated referral and evaluation agencies with which the district collaborates.

I2100.01 – Private School Children with Disabilities

Last updated: Sep 17 2008 – 11:26am

  1. The district’s child find system applies to children, including those children who are residents of another state, enrolled by their parents in private schools, located within the boundaries of the district.
  2. The district’s child find activities for private school students enrolled by their parents in private schools will be similar to, and completed within a comparable time period, as child find activities for students in district public schools.
  3. The district will not include the cost of conducting child find activities for private school students, including individual evaluations, in determining whether it has spent a proportionate share of its federal IDEA funds on parentally-placed school students with disabilities.
  4. The district will consult with private school representatives and parents of private school students with disabilities about how to carry out these child find activities, including:
    1. How private school children suspected of having a disability can participate equitably; and
    2. How parents, teachers and private school officials will be informed of the process.
  5. The district child find process for parentally-placed private school students will ensure the equitable participation of parentally-placed private school students with disabilities and an accurate count of such children.

I2100.02 – Home-Schooled Students with Disabilities

Last updated: Sep 17 2008 – 11:26am

  1. The district will collaborate with the Education Service District that serves the district to ensure that the district responds promptly to information about home-schooled students with suspected disabilities.
  2. The district will collaborate with home schooling organizations in the district’s jurisdiction and provide information about special education services in the district and how to make a referral.
  3. If the district has reason to suspect that a home schooled student has a disability, the district will obtain parent consent for initial evaluation. See section 8 – Evaluation and Eligibility.

I2200 – Participation in Regular Education Programs

Last updated: Sep 17 2008 – 11:26am

The following rules apply to Participation in Regular Education Programs.

I2200.01 – Placement Decisions of the Student

Last updated: Sep 17 2008 – 11:26am

  1. The placement decision for each eligible student will be:
    1. Made by a group of persons, including the parents, and other persons knowledgeable about the student, the meaning of the evaluation data and the placement options;
    2. Made in conformity with the requirements of least restrictive environment;
    3. Determined at least annually, every 365 days;
    4. Based on the student’s individualized education program (IEP); and
    5. As close as possible to the student’s home.
  2. The student will be educated in the school that he/she would attend if nondisabled unless the services identified in the IEP cannot feasibly be provided in this setting.
  3. The district will ensure that:
    1. A continuum of placement options is available to meet the needs of students with disabilities for special education and related services and to the extent necessary to implement the individualized education program for each student with a disability;
    2. The continuum of placement options includes instruction in regular classes (with special education and related services and/or supplementary aids and services as identified on the IEP), special classes, special schools, home instruction and instruction in hospitals and institutions;
    3. Placement options, including instruction in regular classes, special classes, special schools, home instruction and instruction in hospitals and institutions are available to the extent necessary to implement the IEP for each student with a disability.
  4. Placement teams, including the parent, will select the least restrictive environment for each student, using the following decision-making process:
    1. Completion of the IEP, including determining the student’s special education and related services, and determining the extent to which these services can be provided to the student in the regular class;
    2. If all IEP services cannot be provided in the regular class, identifying those that must be provided outside the regular class; however, the district will not remove a student from education in age-appropriate regular classrooms solely because of needed modifications in the general education curriculum;
    3. For those services that must be provided outside the regular class, identifying where, on the continuum from least to most restrictive, the services can be provided;
    4. Placement in the school the student would attend if not disabled, unless another arrangement is required for implementation of the IEP;
    5. In selecting the student’s placement, the placement team will consider and document:
      1. All placement options considered, including placement options requested by the parent;
      2. Potential benefits of placement options that are considered;
      3. Any potential harmful effects on the student or on the quality of services that he or she needs; and
      4. Modifications and services considered to maintain the student in the least restrictive placement before concluding that a more restrictive setting is necessary.
    6. The placement team will document the placement selected, and provide a copy of the determination to the parent;
    7. If the selected placement is a change from previous placement, the district will provide the parent with prior written notice of the change in placement; and
    8. If the parent requests a specific placement that the team rejects, the district will provide a prior written notice of refusal.

I2200.02 – Youth Incarcerated in Adult Correctional Facilities

Last updated: Sep 17 2008 – 11:26am

For students otherwise entitled to FAPE, the placement team may modify the student’s placement if the state has demonstrated a bona fide security or compelling penological interest that cannot be otherwise accommodated. The requirements related to least restrictive environments do not apply with respect to these modifications.

I2200.03 – Nonacademic Settings

Last updated: Sep 17 2008 – 11:26am

  1. The district will take steps, including providing the supplementary aids and services determined appropriate and necessary by the student’s IEP team, to provide nonacademic and extracurricular services and activities in the manner necessary to afford students with disabilities an equal opportunity for participation in those services and activities.
  2. Nonacademic and extracurricular services and activities include all those available to nondisabled students and may include:
    1. Counseling services;
    2. Athletics;
    3. Transportation;
    4. Health services;
    5. Recreational activities;
    6. Special interest groups or clubs;
    7. Referrals to agencies that provide assistance to individuals with disabilities; and
    8. Employment of students.

I2300 – Individualized Education Program (IEP)

Last updated: Sep 17 2008 – 11:26am

The following rules apply to Individualized Education Program (IEP).

I2300.01 – General IEP Information

Last updated: Sep 17 2008 – 11:26am

  1. The district will ensure that an IEP is in effect for each eligible student:
    1. Before special education and related services are provided to a student;
    2. At the beginning of each school year for each student with a disability for whom the district is responsible; and
    3. Before the district implements all the special education and related services, including program modifications, supports and/or supplementary aids and services, as identified on the IEP.
  2. The district will use:
    1. The Oregon standard IEP; or
    2. An IEP form that has been approved by the Oregon Department of Education.
  3. The district will develop and implement all provisions of the IEP as soon as possible following the IEP meeting.
  4. The IEP will be accessible to each of the student’s regular education teacher(s), the student’s special education teacher(s) and the student’s related services provider(s) and other service provider(s).
  5. The district will inform all teachers and service providers of their specific responsibilities for implementing the IEP accommodations, modifications and/or supports that must be provided for or on behalf of the student to fully implement the IEP, including any amendments the district and parents agreed to make between annual reviews.
  6. The district will take steps to ensure that parents are present at each IEP meeting or have the opportunity to participate through other means.
  7. The district will ensure that each teacher and service provider is informed of:
    1. Their specific responsibilities for implementing the IEP specific accommodations, modifications and/or supports that must be provided for, or on behalf of the student; and
    2. Their responsibility to fully implement the IEP including any amendments the district and parents agreed to make between annual reviews. The district will take whatever action is necessary to ensure that parents understand the proceedings of the IEP team meeting, including arranging for an interpreter for parents with deafness or whose native language is other than English.
  8. The district will provide a copy of the IEP to the parents at no cost.

I2300.02 – IEP Meetings

Last updated: Sep 17 2008 – 11:26am

  1. The district will conduct IEP meetings within 30 calendar days of the determination that the student is eligible for special education and related services.
  2. The district will convene IEP meetings for each eligible student periodically, but not less than once per year.
  3. At IEP meetings, the team will review and revise the IEP to address any lack of expected progress toward annual goals and in the general curriculum, new evaluation data or new information from the parents, the student’s anticipated needs, or the need to address other matters.
  4. Between annual IEP meetings, the district and the parent may amend or modify the student’s current IEP without convening an IEP team meeting using the procedures in the Agreement to Amend or Modify IEP subsection.
  5. When the parent requests a meeting, the district will either schedule a meeting within a reasonable time or provide timely written prior notice of the district’s refusal to hold a meeting.
  6. If an agency other than the district fails to provide agreed upon transition services contained in the IEP, the district will convene an IEP meeting to plan alternative strategies to meet the transition objectives and, if necessary, to revise the IEP.

I2300.03 – IEP Team Members

Last updated: Sep 17 2008 – 11:26am

  1. The district’s IEP team members will include the following:
    1. The student’s parents;
    2. The student, if the purpose of the IEP meeting is to consider the student’s postsecondary goals and transition services (beginning for IEPs in effect at age 16), or for younger students, when appropriate;
    3. At least one of the student’s special education teachers or, if appropriate, at least one of the student’s special education providers;
    4. At least one of the student’s regular education teachers if the student is or may be participating in the regular education environment. If the student has more than one regular education teacher, the district will determine which teacher or teachers will participate;
    5. A representative of the district (who may also be another member of the team) who is qualified to provide or supervise the provision of special education and is knowledgeable about district resources. The representative of the district will have the authority to commit district resources, and be able to ensure that all services identified in the IEP can be delivered;
    6. An individual, who may also be another member of the team, who can interpret the instructional implications of the evaluation results; and
    7. At the discretion of the parent or district, other persons who have knowledge or special expertise regarding the student.
  2. Student participation:
    1. Whenever appropriate, the student with a disability will be a member of the team.
    2. If the purpose of the IEP meeting includes consideration of postsecondary goals and transition services for the student, the district will include the student in the IEP team meeting.
    3. If the purpose of the IEP meeting includes consideration of postsecondary goals and transition services for the student, and the student does not attend the meeting, the district will take other steps to consider the student’s preferences and interests in developing the IEP.
  3. Participation by other agencies:
    1. With parent or adult student written consent, and where appropriate, the district will invite a representative of any other agency that is likely to be responsible for providing or paying for transition services if the purpose of the IEP meeting includes the consideration of transition services (beginning at age 16, or younger if appropriate); and
    2. If the district refers or places a student in an Education Service District, state operated program, private school or other educational program, IEP team membership will include a representative from the appropriate agencies. Participation may consist of attending the meeting, conference call or participating through other means.

I2300.04 – Agreement for Nonattendance and Excusal

Last updated: Sep 17 2008 – 11:26am

  1. The district and the parent may consent to excuse an IEP team member from attending an IEP meeting, in whole or in part, when the meeting involves a discussion or modification of team member’s area of curriculum or service. The district will designate specific individuals to authorize excusal of IEP team members.
  2. If excusing an IEP team member whose area is to be discussed at an IEP meeting, the district will ensure:
    1. The parent and the district consent in writing to the excusal;
    2. The team member submits written input to the parents and other members of the IEP team before the meeting; and
    3. The parent is informed of all information related to the excusal in the parent’s native language or other mode of communication according to consent requirements.

I2300.05 – IEP Content

Last updated: Sep 17 2008 – 11:26am

  1. In developing the IEP, the district will consider the student’s strengths, the parent’s concerns, the results of the initial or most recent evaluation, and the academic, developmental and functional needs of the student.
  2. The district will ensure that IEPs for each eligible student includes:
    1. A statement of the student’s present levels of academic achievement and functional performance that:
      1. Includes a description of how the disability affects the progress and involvement in the general education curriculum;
      2. Describes the results of any evaluations conducted, including functional and developmental information;
      3. Is written in language that is understood by all IEP team members, including parents;
      4. Is clearly linked to each annual goal statement; and
      5. Includes a description of benchmarks or short-term objectives for children with disabilities who take alternative assessments aligned to alternate achievement standards.
    2. A statement of measurable annual goals, including academic and functional goals, or for students whose performance is measured by alternate assessments aligned to alternate achievement standard, statements of measurable goals and short term objectives. The goals and, if appropriate, objectives should:
      1. Meet the student’s needs that are present because of the disability, or because of behavior that interferes with the student’s ability to learn, or impedes the learning of other students.
      2. Enable the student to be involved in and progress in the general curriculum, as appropriate; and
      3. Clearly describe the anticipated outcomes, including intermediate steps, if appropriate, that serve as a measure of progress toward the goal.
    3. A statement of the special education services, related services, supplementary aids and services that the district will provide to the student.
      1. The district will base special education and related services, modifications and supports on peer-reviewed research to the extent practicable to assist students in advancing toward goals, progressing in the general curriculum and participating with other students (including those without disabilities), in academic, nonacademic and extracurricular activities.
      2. Each statement of special education services, related or supplementary services, aids, modifications or supports will include a description of the inclusive dates, amount or frequency, location and who is responsible for implementation.
    4. A statement of the extent, if any, to which the student will not participate with nondisabled students in regular academic, nonacademic and extracurricular activities.
    5. A statement of any individual modifications and accommodations in the administration of state or district wide assessments of student achievement.
      1. A student will not be exempt from participation in state or district wide assessment because of a disability unless the parent requests an exemption;
      2. If the IEP team determines that the student will take an alternate assessment in any area instead of a regular state or district wide assessment, a statement of why the student cannot participate in the regular assessment and why the alternate assessment selected is appropriate for the student.
    6. A statement describing how the district will measure student’s progress toward completion of the annual goals and when periodic reports on the student’s progress toward the annual goals will be provided.

I2300.06 – Agreement to Amend or Modify IEP

Last updated: Sep 17 2008 – 11:26am

Between annual IEP meetings, the district and the parent may agree to make changes in the student’s current IEP without holding an IEP meeting. These changes will require a signed, written agreement between the district and the parent.

  1. The district and the parent will record any amendments, revisions or modifications on the student’s current IEP. If additional IEP pages are required these pages must be attached to the existing IEP.
  2. The district will file a complete copy of the IEP with the student’s education records and inform the student’s IEP team and any teachers or service providers of the changes.
  3. The district will provide the parent prior written notice of any changes in the IEP and upon request, provides the parent with a reserved copy of the IEP with the changes incorporated.

I2300.07 – IEP Team Considerations and Special Factors

Last updated: Sep 17 2008 – 11:26am

  1. In developing, reviewing and revising the IEP, the IEP team will consider:
    1. The strengths of the student and concerns of the parent for enhancing the education of the student;
    2. The results of the initial or most recent evaluation of the student;
    3. As appropriate, the results of the student’s performance on any general state or district-wide assessments;
    4. The academic, developmental, and functional needs of the child.
  2. In developing, reviewing and revising the student’s IEP, the IEP team will consider the following special factors:
    1. The communication needs of the student; and
    2. The need for assistive technology services and/or devices.
  3. As appropriate, the IEP team also will consider the following special factors:
    1. For a student whose behavior impedes his or her learning or that of others, strategies, positive behavioral intervention and supports to address that behavior;
    2. For a student with limited English proficiency, the language needs of the student as those needs relate to the IEP;
    3. For a student who is blind or visually impaired, instruction in Braille and the use of Braille unless the IEP team determines (after an evaluation of reading and writing skills, needs and media, including evaluation of future needs for instruction in Braille or the use of Braille, appropriate reading and writing), that instruction in Braille or the use of Braille is not appropriate; and
    4. For a student who is deaf or hard of hearing, the student’s language and communication needs, including opportunities for direct communication with peers and professional personnel in the student’s language and communication mode, academic level and full range of needs, including opportunities for direct instruction in the student’s language and communication mode.
    5. A statement of any device or service needed for the student to receive a Free Appropriate Public Education.
  4. In addition to the above IEP contents, the IEP for each eligible student of transition age will include:
    1. Beginning not later than the IEP in effect when the student turns 16, or younger if determined appropriate by the IEP team, and updated annually thereafter, the IEP must include:
      1. Appropriate measurable postsecondary goals based upon age appropriate transition assessments related to training education, employment, and where appropriate, independent living skills; and
      2. The transition services (including courses of study) needed to assist the student in reaching those goals.
    2. At least one year before a student reaches the age of majority (student reaches the age of 18, or has married or been emancipated, whichever occurs first), a statement that the district has informed the student that all procedural rights will transfer at the age of majority; and
    3. If identified transition service providers, other than the district, fail to provide any of the services identified on the IEP, the district will initiate an IEP meeting as soon as possible to address alternative strategies and revise the IEP if necessary.

I2300.08 – Incarcerated Youth

Last updated: Sep 17 2008 – 11:26am

  1. For students with disabilities who are convicted as adults, incarcerated in adult correctional facilities and otherwise entitled to a Free and Appropriate Education, the following IEP requirements will not apply:
    1. Participation of students with disabilities in state and district-wide assessment; and
    2. Transition planning and transition services, for students whose eligibility will end because of their age before they will be eligible to be released from an adult correctional facility based on consideration of their sentence and eligibility for early release.
  2. The IEP team may modify the student’s IEP, if the state has demonstrated a bona fide security or other compelling interest that cannot be otherwise accommodated.

I2300.09 – Extended School Year Services

Last updated: Sep 17 2008 – 11:26am

  1. The district will make extended school year (ESY) services available to all students for whom the IEP team has determined that such services are necessary to provide a free appropriate public education (FAPE).
  2. ESY services will be:
    1. Provided to a student with a disability in addition to the services provided during the typical school year;
    2. Identified in the student’s IEP; and
    3. Provided at no cost to the parent.
  3. The district will not limit consideration of ESY services to particular categories of disability or unilaterally limit the type, amount or duration of service.
  4. The district will provide ESY services to maintain the student’s skills or behavior, but not to teach new skills or behaviors.
  5. The district’s criteria for determining the need for extended school year services will include:
    1. Regression (a significant loss of skills or behaviors) and recoupment time based on documented evidence; or
    2. If no documented evidence, on predictions according to the professional judgment of the team.
  6. “Regression” means significant loss of skills or behaviors in any area specified on the IEP as a result of an interruption in education services.
  7. “Recoupment” means the recovery of skills or behaviors specified on the IEP to a level demonstrated before the interruption of education services.

I2300.10 – Assistive Technology

Last updated: Sep 17 2008 – 11:26am

  1. The district will ensure that assistive technology devices or assistive technology services, or both, are made available if they are identified as part of the student’s IEP. These services and/or devices may be part of the student’s special education, related services or supplementary aids and services.
  2. On a case-by-case basis, the district will permit the use of district-purchased assistive technology devices in the student’s home or in other settings if the student’s IEP team determines that the student needs access to those devices to receive a free appropriate public education. In these situations, district policy will govern liability and transfer of the device when the student ceases to attend the district.

I2300.11 – Transfer Students

Last updated: Sep 17 2008 – 11:26am

  1. In State:
    If a student with a disability (who had an IEP that was in effect in a previous district in Oregon) transfers into the district and enrolls in a district school within the same school year, the district (in consultation with the student’s parents) will provide a free appropriate public education to the student (including services comparable to those described in the student’s IEP from the previous district), until the district either:

     

    1. Adopts the student’s IEP from the previous district; or
    2. Develops, adopts and implements a new IEP for the student in accordance with all of the IEP provisions.
  2. Out of State:
    If a student transfers into the district with a current IEP from a district in another state, the district, in consultation with the student’s parents, will provide a free appropriate public education to the student, including services comparable to those described in the student’s IEP from the previous district, until the district:

     

    1. Conducts an initial evaluation (if determined necessary by the district to determine Oregon eligibility) with parent consent and determines whether the student meets eligibility criteria described in Oregon Administrative Rules.
    2. If the student is eligible under Oregon criteria, the district will develop, adopt and implement a new IEP for the student using the Oregon Standard IEP or an approved alternate IEP.
    3. If the student does not meet Oregon eligibility criteria, the district will provide prior written notice to the parents explaining that the student does not meet Oregon eligibility criteria and specifying the date when special education services will be terminated.

 

I2400 – Procedural Safeguards

Last updated: Sep 17 2008 – 11:26am

The district provides procedural safeguards to:

  1. Parents, guardians (unless the guardian is a state agency) or persons in parental relationship to the student;
  2. Surrogate parents; and
  3. Students who have reached the age of 18, the age of majority, or are considered emancipated under Oregon law and to whom rights have transferred by statute, identified as adult students (called “eligible students”).

I2400.01 – Notice of Procedural Safeguards

Last updated: Sep 17 2008 – 11:26am

  1. The district will give parents a copy of the Notice of Procedural Safeguards, published by the Oregon Department of Education (ODE):
    1. At least once a year; and
    2. At the first referral or parental request for evaluation to determine eligibility for special education services;
    3. When the parent (or adult student) requests a copy;
    4. To the parent and the student one year before the student’s 18th birthday or upon learning that the student is considered emancipated.
  2. The Notice of Procedural Safeguards will be:
    1. Provided written in the native language or other communication of the parents (unless it is clearly not feasible to do so) and in language clearly understandable to the public.
    2. If the native language or other mode of communication of the parent is not a written language, the district will take steps to ensure that:
      1. The notice is translated orally or by other means to the parent in his/her native language or other mode of communication;
      2. The parent understands the content of the notice; and
      3. There is written evidence that the district has met these requirements.

I2400.01a – Content of Procedural Safeguards Notice

Last updated: Sep 17 2008 – 11:26am

The procedural safeguards notice will include all of the content provided in the Notice of Procedural Safeguards published by the Oregon Department of Education.

I2400.02 – Parent or Adult Student Meeting Participation

Last updated: Sep 17 2008 – 11:26am

  1. The district will provide parents or adult students an opportunity to participate in meetings with respect to the identification, evaluation, IEP and educational placement of the student, and the provision of a free appropriate public education to the student.
  2. The district will provide parents or adult students written notice of any meeting sufficiently in advance to ensure an opportunity to attend. The written notice will:
    1. State the purpose, time and place of the meeting and who is invited to attend;
    2. Advise that parents or adult students may invite other individuals who they believe have knowledge or special expertise regarding the student;
    3. Advise the parents or adult student that the team may proceed with the meeting even if they are not in attendance;
    4. Advise the parent or adult students who to contact before the meeting to provide information if they are unable to attend; and
    5. Indicate if one of the meeting’s purposes is to consider transition services or transition service needs. If so, the notice will:
      1. Indicate that the student will be invited; and
      2. Identify any agencies invited to send a representative.
  3. The district will take steps to ensure that one or both of the parents of a student with a disability are present at each IEP or placement meeting or are afforded the opportunity to participate, including:
    1. Notifying parents of the meeting early enough to ensure that they will have an opportunity to attend; and
    2. Scheduling the meeting at a mutually agreed on time and place.
  4. If neither parent can participate, the district will use other methods to ensure participation, including, but not limited to, individual or conference phone calls or home visits.
  5. The district may conduct an evaluation planning or eligibility meeting without the parent or adult student if the district provided meeting notice to the parent or adult student sufficiently in advance to ensure an opportunity to attend.
  6. The district may conduct an IEP or placement meeting without the parent or adult student if the district is unable to convince the parents or adult students that they should participate. Attempts to convince the parent to participate will be considered sufficient if the district:
    1. Communicates directly with the parent or adult student and arranges a mutually agreeable time and place and sends written notice to confirm the arrangement; or
    2. Proposes a time and place in the written notice stating that a different time and place might be requested and confirms that the notice was received.
  7. If the district proceeds with an IEP meeting without a parent or adult student, the district must have a record of its attempts to arrange a mutually agreed upon time and place such as:
    1. Detailed records of telephone calls made or attempted and the results of those calls;
    2. Copies of correspondence sent to the parents and any responses received; and
    3. Detailed records of visits made to the parents’ home or place of employment and the results of those visits.
  8. The district will take whatever action is necessary to ensure that the parent or adult student understands the proceedings at a meeting, including arranging for an interpreter for parents or adult students who are deaf or whose native language is other than English.
  9. After the transfer of rights to an adult student at the age of majority, the district will provide written notice of meetings to the adult student and parent, if the parent can be reasonably located. After the transfer of rights to an adult student at the age of majority, a parent receiving notice of an IEP meeting is not entitled to attend the meeting unless invited by the adult student or the district.
  10. An IEP meeting does not include:
    1. Informal or unscheduled conversations involving school district personnel;
    2. Conversations on issues such as teaching methodology, lesson plans or coordination of service provision if those issues are not addressed in the student’s IEP; or
    3. Preparatory activities that district or public personnel engage in to develop a proposal or response to a parent proposal that will be discussed at a later meeting.

I2400.03 – Surrogate Parents

Last updated: Sep 17 2008 – 11:26am

  1. The district will protect the rights of a student with a disability, or suspected of having a disability, by appointing a surrogate parent when:
    1. The parent cannot be identified or located after reasonable efforts;
    2. The student is a ward of the state or an unaccompanied homeless youth and there is reasonable cause to believe that the student has a disability, and there is no foster parent or other person available who can act as the parent of the student; or
    3. The parent or adult student requests the appointment of a surrogate parent.
  2. The district will secure nominations of persons to serve as surrogates. The district appoints surrogates within 30 days of a determination that the student needs a surrogate, unless a surrogate has already been appointed by juvenile court.
  3. The district will only appoint a surrogate who:
    1. Is not an employee of the district or the Oregon Department of Education;
    2. Is not an employee of any other agency involved in the education or care of the student;
    3. Is free of any personal or professional interest that would interfere with representing the student’s special education interests; and
    4. Has the necessary knowledge and skills that ensure adequate representation of the student in special education decisions. The district will provide training, as necessary, to ensure that surrogate parents have the requisite knowledge.
  4. The district will provide all special education rights and procedural safeguards to appointed surrogate parents.
  5. A surrogate will not be considered an employee of the district solely on the basis that the surrogate is compensated from public funds.
  6. The duties of the surrogate parent will be:
    1. Protect the special education rights of the student;
    2. Be acquainted with the student’s disability and the student’s special education needs;
    3. Represent the student in all matters relating to the identification, evaluation, IEP and educational placement of the student; and
    4. Represent the student in all matters relating to the provision of a free appropriate public education to the student.
  7. A parent may give written consent for a surrogate to be appointed.
    1. When a parent requests that a surrogate be appointed, the parent shall retain all parental rights to receive notice and all of the information provided to the surrogate. When the district appoints a surrogate at parent request, the district will continue to provide to the parent a copy of all notices and other information provided to the surrogate.
    2. The surrogate, alone, shall be responsible for all matters relating to the special education of the student. The district will treat the surrogate as the parent unless and until the parent revokes consent for the surrogate’s appointment.
    3. If a parent gives written consent for a surrogate to be appointed, the parent may revoke consent at any time by providing a written request to revoke the surrogate’s appointment;
  8. An adult student to whom rights have transferred at age of majority may give written consent for a surrogate to be appointed. When an adult student requests that a surrogate be appointed, the student shall retain all rights to receive notice and all of the information provided to the surrogate. The surrogate, alone, shall be responsible for all matters relating to the special education of the student. The district will treat the surrogate as the adult student unless and until the adult student revokes consent for the surrogate’s appointment. If an adult student gives written consent for a surrogate to be appointed, the adult student may revoke consent at any time by providing a written request to revoke the surrogate’s appointment.
  9. The district may change or terminate the appointment of a surrogate when:
    1. The person appointed as surrogate is no longer willing to serve;
    2. Rights transfer to the adult student or the student graduates with a regular diploma;
    3. The student is no longer eligible for special education services;
    4. The legal guardianship of the student is transferred to a person who is able to carry out the role of the parent;
    5. A foster parent or other person is identified who can carry out the role of parent;
    6. The parent, who previously could not be identified or located, is now identified or located;
    7. The appointed surrogate is no longer eligible;
    8. The student moves to another school district; or
    9. The student is no longer a ward of the state or unaccompanied homeless youth.
  10. The district will not appoint a surrogate solely because the parent or student to whom rights have transferred is uncooperative or unresponsive to the special education needs of the student.

I2400.04 – Transfer of Rights at Age of Majority

Last updated: Sep 17 2008 – 11:26am

  1. When a student with a disability reaches the age of majority, marries or is emancipated, rights previously accorded to the student’s parents under the special education laws, transfer to the student. A student for whom rights have transferred is considered an “adult student” under OAR 581-015-2000(1).
  2. The district will provide notice to the student and the parent that rights (accorded by statute) will transfer at the age of majority. This notice will be provided at an IEP meeting and documented on the IEP:
    1. At least one year before the student’s 18th birthday;
    2. More than one year before the student’s 18th birthday, if the student’s IEP team determines that earlier notice will aid transition; or
    3. Upon actual knowledge that within a year the student will likely marry or become emancipated before age 18.
  3. The district will provide written notice to the student and to the parent at the time of the transfer.
  4. These requirements apply to all students, including students who are incarcerated in a state or local adult or juvenile correctional facility or jail.
  5. After transfer of rights to the student, the district will provide any written prior notices and written notices of meetings required by the special education laws to the adult student and to the parent if the parent can be reasonably located.
  6. After rights have transferred to the student, receipt of notice of an IEP meeting will not entitle the parent to attend the meeting unless invited by the student or the district.

I2400.05 – Prior Written Notice

Last updated: Sep 17 2008 – 11:26am

  1. The district will provide prior written notice to the parent of a student, or student, within a reasonable period of time when the district proposes to initiate or change, or refuses to initiate or change, the identification, evaluation or educational placement of the student, or the provision of a free appropriate public education.
  2. The district will provide prior written notice after a decision is made and a reasonable time before that decision is implemented.
  3. The content of the prior written notice will include:
    1. A description of the action proposed or refused by the district;
    2. An explanation of why the district proposed or refused to take the action;
    3. A description of any options that the IEP team considered and reasons why those options were rejected;
    4. A description of each evaluation procedure, test, assessment, record or report used as a basis for the proposal or refusal;
    5. A description of any other factors that are relevant to the district’s proposal or refusal;
    6. A statement that the parents of a student with a disability have procedural safeguards and, if this notice is not an initial referral for evaluation, how a copy of the Notice of Procedural Safeguards may be obtained; and
    7. Sources for parents to contact to obtain assistance in understanding their procedural safeguards.
  4. The prior written notice will be:
    1. Written in language understandable to the general public; and
    2. Provided in the native language of the parent or other mode of communication used by the parent, unless it is clearly not feasible to do so;
    3. If the native language or other mode of communication of the parent is not a written language, the district shall take steps to ensure that:
      1. The notice is translated orally or by other means to the parent in the parent’s native language or other mode of communication;
      2. The parent understands the content of the notice; and
      3. There is written evidence that the requirements of this rule have been met.
  5. If the proposed action requires prior written notice and written consent, the district may give notice at the same time consent is requested.

I2400.06 – Consent

Last updated: Sep 17 2008 – 11:26am

The following rules apply to Consent.

I2400.06a – Consent – Initial Evaluation

Last updated: Sep 17 2008 – 11:26am

  1. The district will provide notice and obtain informed written consent from the parent or adult student before conducting an initial evaluation to determine whether a student has a disability (as defined by Oregon law) and needs special education. Consent for initial evaluation is not consent for the district to provide special education and related services.
  2. The district will make reasonable efforts to obtain informed consent from a parent for an initial evaluation to determine a child’s eligibility for special education services. If a parent does not provide consent for an initial evaluation or does not respond to a request for consent for an initial evaluation, the school district may, but is not required to, pursue the initial evaluation of the child through mediation or due process hearing procedures. The district will not violate its child find obligations if it declines to pursue the evaluation using these procedures.

I2400.06b – Consent – Initial Provision of Special Education Services

Last updated: Sep 17 2008 – 11:26am

  1. The district will provide notice and obtain informed written consent from the parent or adult student before the initial provision of special education and related services to the student.
  2. The district will make reasonable efforts to obtain informed consent, but if a parent or adult student does not respond or refuses consent for initial provision of special education and related services, the district will not convene an IEP meeting, develop an IEP or seek to provide special education and related services through mediation or due process hearing procedures. The district will not be considered to be in violation of the requirement to make FAPE available to the student under these circumstances. The district will stand ready to serve the student if the parent or adult student later consents.

I2400.06c – Consent – Reevaluation

Last updated: Sep 17 2008 – 11:26am

  1. The district will obtain informed parent consent before conducting any reevaluation of a child with a disability, except:
    1. The district will not need written consent for a reevaluation, if, after reasonable efforts to obtain informed consent, the parent does not respond. However, the district will not conduct individual intelligence tests or tests of personality without consent.
    2. If a parent refuses to consent to the reevaluation, the district may, but is not required to, pursue the reevaluation by using mediation or due process hearing procedures.
  2. A parent or adult student may revoke consent at any time before the completion of the activity for which they have given consent. If a parent or adult student revokes consent, that revocation is not retroactive.

I2400.06d – Consent – Other Requirements

Last updated: Sep 17 2008 – 11:26am

  1. The district will document its reasonable efforts to obtain parent consent, such as phone calls, letters and meeting notes.
  2. If a parent of a student who is home schooled or enrolled by the parents in a private school does not provide consent for the initial evaluation or the reevaluation, or if the parent does not respond to a request for consent, the district:
    1. Will not use mediation or due process hearing procedures to seek consent; and
    2. Will not consider the child as eligible for special education services.
  3. If a parent or adult student refuses consent for one service or activity, the district will not use this refusal to deny the parent or child any other service, benefit or activity, except as specified by these rules and procedures.

I2400.06e – Exceptions to Consent

Last updated: Sep 17 2008 – 11:26am

  1. The district will not need written parent or adult student consent before:
    1. Reviewing existing data as part of an evaluation or reevaluation;
    2. Administering a test or other evaluation administered to all students without consent unless, before administration of that test or evaluation, consent is required of parents of all students;
    3. Conducting evaluations, tests, procedures or instruments that are identified on the student’s individualized education program (IEP) as a measure for determining progress; or
    4. Conducting a screening of a student by a teacher or specialist to determine appropriate instructional strategies for curriculum implementation.
  2. The district will not need written parent consent to conduct an initial special education evaluation of a student who is a ward of the state and not living with the parent if:
    1. Despite reasonable efforts to do so, the district has not been able to find the parent;
    2. The parent’s rights have been terminated in accordance with state law; or
    3. The rights of the parent to make educational decisions have been subrogated by a judge in accordance with state law and consent for an initial evaluation has been given by an individual appointed by the judge to represent the child.
  3. The district will not need written parental consent if an administrative law judge (ALJ) determines that the evaluation or reevaluation is necessary to ensure that the student is provided with a free appropriate public education.

I2400.07 – Independent Educational Evaluations (IEE)

Last updated: Sep 17 2008 – 11:26am

  1. A parent of a student with a disability has a right to an independent educational evaluation at public expense if the parent disagrees with an evaluation obtained by the school district.
  2. If a parent requests an independent educational evaluation at public expense, the district will provide information to parents about where an independent educational evaluation may be obtained, and the district criteria applicable for independent educational evaluations.
  3. If a parent requests an independent educational evaluation at public expense, the district, without unnecessary delay, will either:
    1. Initiate a due process hearing to show that its evaluation is appropriate; or
    2. Ensure that an independent educational evaluation is provided at public expense unless the district demonstrates in a hearing that the evaluation obtained by the parent did not meet district criteria.
  4. The district criteria for independent educational evaluations will be the same as for district evaluations including, but not limited to, location, examiner qualifications and cost.
    1. Criteria established by the district will not preclude the parent’s access to an independent educational evaluation.
    2. The district will provide the parents the opportunity to demonstrate the unique circumstances justifying an IEE that does not meet the district’s criteria.
    3. A parent may be limited to one independent educational evaluation at public expense each time the district conducts an evaluation with which the parent disagrees.
  5. If a parent requests an independent educational evaluation, the district may ask why the parent disagrees with the public evaluation. The parent may, but is not required to, provide an explanation. The district may not:
    1. Unreasonably delay either providing the independent educational evaluation at public expense or initiating a due process hearing to defend the public evaluation;
    2. Except for the criteria listed above in 3., impose conditions or timelines related to obtaining an IEE at public expense.
  6. The district will consider an independent educational evaluation submitted by the parent, in any decision made with respect to the provision of a free appropriate public education to the student, if the submitted independent evaluation meets district criteria.

I2400.08 – Dispute Resolution

Last updated: Sep 17 2008 – 11:26am

The following rules apply to Dispute Resolution.

I2400.08a – Dispute Resolution – Mediation

Last updated: Sep 17 2008 – 11:26am

  1. The district or parent may request mediation from ODE for any special education matter, including before the filing of a complaint or due process hearing request.
  2. The district acknowledges that:
    1. Mediation must be voluntary on the part of the parties, must be conducted by a qualified and impartial mediator who is trained in effective mediation techniques and may not be used to deny or delay a parent’s right to a due process hearing or filing a complaint.
    2. Each mediation session must be scheduled in a timely manner and must be held in a location that is convenient to the parties to the dispute.
    3. An agreement reached by the parties to the dispute in the mediation process must be set forth in a legally binding written mediation agreement that:
      1. States the terms of the agreement;
      2. States that all discussions that occurred during the mediation process remain confidential and may not be used as evidence in any subsequent due process hearing or civil proceeding; and
      3. Is signed by the parent and a representative of the school district who has the authority to bind the district to the mediation agreement.
    4. Mediation communication will not be confidential if it relates to child or elder abuse and is made to a person who is required to report abuse, or threats of physical harm, or professional conduct affecting licensure.
    5. The mediation agreement will be enforceable in any state court of competent jurisdiction or in a district court of the United States.

I2400.08b – Dispute Resolution – Complaint Investigation

Last updated: Sep 17 2008 – 11:26am

  1. Any organization or person may file a signed, written complaint with the State Superintendent of Public Instruction alleging that a school district or ESD is violating or has violated the Individuals with Disabilities Education Act or associated regulations within one year before the date of the complaint. Upon receiving a parent complaint, the Oregon Department of Education will (ODE) forward the complaint to the district or ESD along with a request for a district response to the allegations in the complaint.
  2. Upon receiving a request for response from ODE, the district will respond to the allegations and furnish any requested information or documents within 10 business days.
  3. The district will send a copy of the response to the complainant. If ODE decides to conduct an on-site investigation, district personnel will participate in interviews and provide additional documents as needed.
  4. The district and the complainant may attempt to resolve a disagreement that led to a complaint through mediation. If they decide against mediation, or if mediation fails to produce an agreement, ODE will pursue the complaint investigation.
  5. If ODE substantiates some or all of the allegations in a complaint, it will order corrective action. The district will satisfy its corrective action obligations in a timely manner.
  6. If the district disagrees with the findings and conclusions in a complaint final order, it may seek reconsideration by ODE or judicial review in county circuit court.

I2400.08c – Due Process Hearing Requests

Last updated: Sep 17 2008 – 11:26am

  1. The district acknowledges that parents may request a due process hearing if they disagree with a district proposal or refusal relating to the identification, evaluation, educational placement or provision of a free appropriate education to a student who may have a disability and be eligible for special education.
  2. The district may request a due process hearing regarding the identification, evaluation, educational placement or provision of a free appropriate education to a student who may have a disability and be eligible for special education.
  3. When requesting a due process hearing, the district or the attorney representing the district will provide notice to the parent and to ODE.
  4. The party, including the district, that did not file the hearing request must, within 10 days of receiving the request for a hearing, send to the other party a response that specifically addresses the issues raised in the hearing request.
  5. If the parent had not yet received prior written notice of the district’s proposal or refusal, the district, within 10 days of receiving the hearing request for a due process hearing, will send to the parent a response that includes:
    1. An explanation of why the district proposed or refused to take the action raised in the hearing request;
    2. A description of other options that the district considered and the reasons why those options were rejected;
    3. A description of each evaluation procedure, assessment, record or report the district used as the basis for the proposed or refused action; and
    4. A description of the factors relevant to the district’s proposal or refusal.

I2400.08d – Resolution Session

Last updated: Sep 17 2008 – 11:26am

  1. Within 15 days of receiving a due process hearing request, the district will hold a resolution session with the parents and the relevant members of the IEP team who have specific knowledge of the facts identified in the due process hearing request.
  2. This meeting will include a representative of the district who has decision-making authority for the district.
    1. The district will not include an attorney unless the parent brings an attorney.
    2. The district will provide the parent with an opportunity for the parent to discuss the hearing request and related facts so that the district has an opportunity to resolve the dispute.
    3. The district and parent may agree in writing to waive the resolution meeting. If so, the 45 day hearing timeline will begin the next business day, unless the district and parent agree to try mediation in lieu of the resolution session.

I2400.08e – Time Limitations and Exception

Last updated: Sep 17 2008 – 11:26am

  1. A parent must request a due process hearing within two years after the date of the district act or omission that gives rise to the parent’s hearing request.
  2. This timeline will not apply to a parent if the district withheld relevant information from the parent or incorrectly informed the parent that it had resolved the problem that led the parent’s hearing request.

I2400.08f – Hearing Costs

Last updated: Sep 17 2008 – 11:26am

  1. The district will reimburse the Oregon Department of Education (ODE) for costs related to conducting the hearing, including pre-hearing conferences, scheduling arrangement and other related matters.
  2. The district will provide the parent with a written or, at the option of the parent, an electronic verbatim recording of the hearing, within a reasonable time of the close of the hearing.
  3. The district will not use IDEA funds to pay attorney’s fees or other hearing costs.

I2400.09 – Discipline and Placement in Interim Alternative Setting

Last updated: Sep 17 2008 – 11:26am

See Board policy JGDA/JGEA – Discipline of Disabled Students.

 

Citings

Discipline of Students with Disabilities – JGDA/JGEA

I2500 – Evaluation and Eligibility Procedures

Last updated: Sep 17 2008 – 11:26am

The following rules apply to Evaluation and Eligibility Procedures.

I2500.01 – Request for Initial Evaluation

Last updated: Sep 17 2008 – 11:26am

  1. Consistent with its child find and parent consent obligations, the district will respond promptly to requests initiated by a parent or public agency for an initial evaluation to determine if a child is a child with a disability.
  2. Upon receiving a request from a parent or public agency for an initial evaluation, the district will designate a team to determine whether an initial evaluation will be conducted.
    1. The district team will include the parent and at least two professionals, at least one of whom is a specialist knowledgeable and experienced in the evaluation and education of children with disabilities.
      1. The team may make the decision to evaluate with or without a meeting.
      2. The district documents team members’ input, including parents, whether or not the district convenes a meeting.
  3. If a meeting is held, the district will invite parents to participate.
  4. If the district refuses an evaluation requested by the parent, the district will provide the parent with prior written notice of its refusal to conduct an evaluation.
  5. The district will acknowledge the parent’s rights to challenge its refusal to conduct an evaluation.

The initial evaluation will consist of procedures:

  1. To determine if the child has a disability; and
  2. To identify the child’s educational needs.

The district will conduct the initial evaluation within 60 school days of receiving parental consent for evaluation unless:

  1. The district and the parents agree in writing to extend the timeline for an evaluation to determine eligibility for specific learning disabilities;
  2. The child moves from another district during the evaluation, the district is making sufficient progress to ensure a prompt completion of the evaluation, and the parent and the district agree in writing to a specific time when the evaluation will be completed;
  3. The parent repeatedly fails or refuses to produce the child for evaluation.

I2500.02 – Reevaluation

Last updated: Sep 17 2008 – 11:26am

  1. The district will conduct reevaluations:
    1. When the educational or related services needs, including improved academic achievement and functional performance of the child, warrant an evaluation;
    2. When the child’s parents or teacher request a reevaluation; and
    3. At least every three years, unless that parent and the district agree that a reevaluation is unnecessary.
  2. The district will not conduct reevaluation more than once a year, unless the parent and district agree otherwise.

I2500.03 – Evaluation Planning

Last updated: Sep 17 2008 – 11:26am

  1. The district, or designated referral and evaluation agency for preschool children, will ensure that, as part of an initial evaluation (if appropriate), the child’s IEP or IFSP team, including the parents and other qualified professionals, as appropriate, review and document their review of existing evaluation data on the child, including:
    1. Evaluations and information provided by the child’s parents;
    2. Current classroom-based, local or state assessments and classroom-based observations; and
    3. Observations by teachers and related service providers.
  2. On the basis of that review and input from the child’s parents, the district or agency will identify what additional data if any is needed to determine:
    1. Whether the child has a disability;
    2. The child’s present levels of academic achievement and related development needs;
    3. Whether the child needs or continues to need EI/ECSE or special education and related services; and
    4. For reevaluation, whether the child needs any additions or modifications to the special education and related services or, for a preschool child, any additions or modification to ECSE services:
      1. To enable the child to meet the measurable annual goals in the child’s IEP or IFSP; and
      2. To participate, as appropriate, in the general education curriculum or, for preschool children, appropriate activities.

I2500.04 – Evaluation Procedures

Last updated: Sep 17 2008 – 11:26am

  1. The district will assess the child in all areas related to the suspected disability, including, if appropriate, health, vision, hearing, social and emotional status, general intelligence, academic performance, communicative status and motor abilities.
  2. The evaluation will be sufficiently comprehensive to identify all of the child’s special education and related needs, whether or not commonly linked to the disability category in which the child has been classified.
  3. The evaluation will include information provided by the parent and a variety of assessment tools and strategies to gather relevant functional, developmental and academic information about the child that assist in determining:
    1. Whether the child has a disability; and
    2. The content of the child’s IEP, including information related to enabling the child to be involved in and progress in the general education curriculum (or for a preschool child, to participate in appropriate activities).
  4. The district will ensure that assessments and other evaluation materials, including those tailored to assess specific areas of educational need, used to assess a child:
    1. Are selected and administered so as not to be discriminatory on a racial or cultural basis;
    2. Are provided and administered in the child’s native language or other mode of communication and in the form most likely to yield accurate information on what the child knows and can do academically, developmentally and functionally, unless it is clearly not feasible to do so;
    3. Are used for the purposes for which the assessments or measures are valid and reliable;
    4. Are administered by trained and knowledgeable personnel; and
    5. Are administered in accordance with any instructions provided by the producer of the assessments.
  5. The district will select and administer assessments to ensure that if an assessment is administered to a child with impaired sensory, manual or speaking skills, the assessment results accurately reflect the child’s aptitude or achievement level or whatever other factors the test purports to measure, rather than reflecting the child’s impaired sensory, manual or speaking skills (unless those skills are the factors that the test purports to measure).
  6. The district will use technically sound instruments that may assess the relative contribution of cognitive factors and behavioral factors in addition to physical or developmental factors.
  7. The district will not use any single measure of assessment as the sole criterion for determining whether a child is a child with a disability and for determining an appropriate educational program for the child.

I2500.06 – Evaluation Procedures for Transfer Students

Last updated: Sep 17 2008 – 11:26am

When a child with disabilities transfers from one district to another district in the same school year, the district will coordinate with the previous district to complete any pending assessment as quickly as possible.

I2500.07 – Eligibility Determination

Last updated: Sep 17 2008 – 11:26am

  1. Once evaluation is completed, the district will designate an eligibility team to determine whether the child is eligible for special education services.
  2. This team includes:
    1. Two or more professionals, one of whom will be knowledgeable and experienced in evaluating and teaching students with the suspected disability; and
    2. The student’s parent(s).
  3. For consideration of eligibility in the area of specific learning disabilities, the district eligibility team will include:
    1. A group of qualified professionals and the parent;
    2. The child’s regular classroom teacher or, if the child does not have a regular classroom teacher, a regular classroom teacher qualified to teach a child of his or her age, or for a child of less than school age, a preschool teacher; and
    3. A person qualified to conduct individual diagnostic examinations of children, such as a school psychologist, speech-language pathologist or other qualified professional.
  4. In interpreting evaluation data, each district team will carefully consider and document information from a variety of sources, including but not limited to, aptitude and achievement tests, teacher recommendations, physical condition, social or cultural background and adaptive behavior and all required elements of the evaluation.
  5. Each eligibility team will prepare a written eligibility statement that includes:
    1. Identification of the evaluation data considered in determining the child’s eligibility, including the required evaluation components for the disability under consideration;
    2. A determination of whether the child meets the minimum evaluation criteria for one or more of the disability categories in Oregon Administrative Rule;
    3. A determination of whether the primary basis for the suspected disability is:
      1. A lack of appropriate instruction in reading (including the essential components of reading) or math; or
      2. Limited English proficiency.
    4. A determination of whether the child’s disability has an adverse impact on the child’s educational performance;
    5. A determination of whether, as a result of the disability, the child needs special education services;
    6. The signature of every team member and an indication of whether each agrees with the eligibility determination;
    7. For a child suspected of having a specific learning disability, additional specific documentation as required by Oregon Administrative Rule.
  6. The team will not find a child eligible as a child with a disability if the determinant factor for that eligibility decision is:
    1. Lack of appropriate instruction in reading, including the essential components of reading instruction or lack of appropriate instruction in math; or
    2. Limited English proficiency; and
    3. The child does not otherwise meet the eligibility criteria found in Oregon Administrative Rule for the category(ies) of disability under consideration.
  7. The team will find a child eligible if the child has a disability and needs special education and related services, even though the child is advancing from grade to grade.
  8. A child may have disabilities in more than one disability category, but the team needs to find the child eligible under only one category. However, the district will evaluate the child in all areas related to the suspected disability or disabilities, and the child’s IEP will address all of the child’s special education needs.

I2600 – Private Schools

Last updated: Sep 17 2008 – 11:26am

The following rules apply to Private Schools.

I2600.01 – Obligations of the district

Last updated: Sep 17 2008 – 11:26am

  1. The district will ensure that parents are included in any decision about their child’s evaluation, eligibility, placement or provision of services.
  2. If the district refers a student with a disability to, or places such a student in, a private school or facility as a means of providing special education and related services, the district will ensure that the student receives an education that meets the standards of the state in a private preschool, school or facility approved by the Oregon Department of Education to provide such education in conformance with an IEP, and at no cost to the parents, and has all the rights of a student with a disability who is served by the district.
  3. Before placing a student with a disability in an approved private school or preschool, the district will ensure that the program has current Oregon Department of Education approval to provide special education and related services.
  4. The district or public agency will fulfill all federal and state requirements relating to the evaluation, the IEP/IFSP development and placement when determining whether to place the child in an approved private preschool or school for special education services.
  5. For each student age three through 21, the district’s or public agency’s placement team, including the parent, will determine whether placement in an approved private school constitutes a free appropriate public education in the least restrictive environment.
    1. When proposing to place a child with a disability in an approved private school or preschool, the district will ensure that school-age students are district residents or preschool-age children are eligible to receive EI/ECSE or special education services.
    2. The district will initiate and conduct an individualized education program team meeting that includes a representative of the approved private school. If a representative of the approved private school, or other member of the IEP/IFSP team is unable to attend the IEP/IFSP meeting, the district and the parent may agree to use alternative means of meeting participation such as individual or conference telephone calls, or video conferences.
    3. After the district initially places a student in an approved private school, any subsequent meetings to review or revise an IEP/IFSP or placement are the responsibility of the district or public agency, unless the district or public agency requests by written agreement that the approved private school initiate and conduct meetings to review and revise the IEP or IFSP.
    4. The district may, by written agreement, request that the approved private school initiate and conduct meetings to review and revise the IEP or IFSP. Under such an agreement the district remains responsible for ensuring the private school or preschool meets:
      1. All federal and state requirements related to these meetings; and
      2. Ensures the participation of parents and the district or public agency representative.
    5. The private school or preschool may not determine or implement program changes without the participation and agreement of the parents and the district or public agency representative.
    6. The district in which the child resides will provide transportation to and from the approved private school or preschool at no cost to the parent.
    7. The district or public agency will terminate the placement of students in a private school or preschool if the Oregon Department of Education suspends, revokes or refuses to renew the approval of a private school or preschool.
      1. The district will ensure that every student with a disability who is placed in or referred to a private school or facility by the district as a means of providing special education and related services.
        1. Receives education and services that constitute a free appropriate public education in the least restrictive environment at no cost to the parents;
        2. Is provided an education that meets the standards that apply to education provided by the public agency; and
        3. Has all of the rights of a student with a disability who is served by the public agency.
      2. The district will ensure that all applicable federal and state requirements relating to the evaluation, eligibility, IEP development, placement and procedural safeguards are followed when determining whether the student will be placed in an approved private school for special education services.
      3. The district will initiate and conduct an IEP meeting at which an IEP is developed based upon the needs of the student before determining placement of a student with a disability in an approved private school.

I2600.02 – Out-of-State Placements for Special Education

Last updated: Sep 17 2008 – 11:26am

  1. The district will ensure that any private educational institution located outside the state of Oregon with which it contracts to provide special education and related services to Oregon students is approved by the state educational agency of the state in which the educational institution is located. If the state does not have a formal approval process, the educational institution shall meet whatever requirements apply for private schools to serve publicly placed students in that state.
  2. The district will maintain documentation of such approval and make it available to the Oregon Department of Education (ODE) upon request.
  3. The district will make contractual agreements for out-of-state placements for the provision of special education and related services when, in accordance with applicable federal and state law, the district has:
    1. Developed an individualized education program;
    2. The placement team has determined that no appropriate in-state placement options are available.

I2600.03 – District Responsibility for Students Enrolled by their Parents in Private Schools

Last updated: Sep 17 2008 – 11:26am

  1. The district will provide equitable services, funded by a proportionate share of federal special education funds, for resident and nonresident students with disabilities enrolled by their parents in private schools located within district boundaries. Nonresident students include children who are residents of another state.
  2. The district will consult with private school officials about procedures and services and provides child find activities, evaluations, reevaluations and eligibility determinations comparable to those provided for the district’s public schools.
  3. The district will maintain in its records and provide annually to the Oregon Department of Education, a count of the number of parentally-enrolled private school students evaluated, the number found eligible and the number to whom it provides services.

I2600.04 – Consultation with Representatives of Private School Students with Disabilities

Last updated: Sep 17 2008 – 11:26am

  1. The district will consult, in a timely and meaningful way with representatives of private schools and parents of parentally placed private school students with disabilities enrolled in private schools located within the district’s boundaries.
  2. Consultation will include:
    1. The child find process, including:
      1. How parentally-placed private school children with disabilities may participate equitably, as they do not have an individual entitlement to the same level of special education services as children enrolled in public schools; and in the child find process and how parents, teachers and private school officials will be informed of the process;
      2. How parents, teachers and private school officials will be informed of the process.
      3. How, where and by whom the special education and related services will be provided.
      4. The determination of the proportionate amount of federal funds available including how the amount is calculated, the proportionate share of federal funds available to serve parentally placed private school children with disabilities and how this is calculated.
      5. How services will be apportioned if funds are insufficient, and how and when these decisions will be made.
      6. A written explanation of service decisions that the district provides to officials of private schools if the district disagrees with the views of the private school officials about the services to be provided or the methods of providing these services.
  3. Written affirmation and complaint:
    1. The district will request a written affirmation, signed by the administrator of each private school participating in the consultation process that a timely and meaningful consultation occurred;
    2. If private school officials do not provide this affirmation within a reasonable period of time, the district will forward its documentation of the consultation process to the Oregon Department of Education (ODE);
    3. The district will maintain documentation of its consultation process.
    4. The district acknowledges the right of a private school official to submit a complaint to the Oregon Department of Education (ODE) regarding the district’s implementation of these requirements. Should such a complaint occur, the district will forward to ODE appropriate documentation, including documentation of the district’s consultation process.
  4. The district will make the final decisions with respect to the services to be provided to eligible private school students.
  5. Child Find for Parentally-Placed Private School Children:
    1. The district’s child find process will include all resident and nonresident parentally placed students attending private schools located within the district’s boundaries.
    2. The district will provide child find activities that are similar to, and completed within a comparable time period as child find activities for students win the district’s public schools.
    3. The district will consult with private school representatives and parents about how to implement the child find activities and how to keep parents and private school personnel informed.
    4. The district will ensure the equitable participation of parentally placed private school students in the child find process.
    5. The district will not include the cost of conducting child find activities for private school students, including individual evaluations in determining whether it has spent a proportionate share of its federal IDEA funds on parentally placed private school students with disabilities.
    6. The district will ensure an accurate count of these children is made between October 1 and December 1 of each year and uses this count in determining the amount the district spends for services in the subsequent fiscal year.

I2600.05 – Provisions for Serving Students Placed by Their Parents in Private Schools

Last updated: Sep 17 2008 – 11:26am

  1. District decisions about the services that are provided to private school students with disabilities will be made throughout the consultation process and in accordance with the district’s plan for service parentally-placed private school students and their services plans.
  2. The services provided to private school students with disabilities will be provided by personnel meeting the same standards as personnel providing service in the district program.
  3. The district may provide private school students with disabilities a different amount of services than students with disabilities attending public schools in the district.
  4. The district may provide services to private school students with disabilities onsite at the student’s private school, including a religious school, to the extent that services can be provided in a religiously neutral setting within the private school. These services will be provided during the student’s regular school day, unless stated otherwise in the student’s service plan.
  5. If a parent of a private school student with a disability requests an IEP meeting from the resident district, the resident district will either:
    1. Hold an IEP meeting within a reasonable time; or
    2. Provide the parent with prior written notice of the district’s refusal to hold an IEP meeting.

I2600.06 – Evaluation, Reevaluation and Eligibility of Private School Students with Disabilities

Last updated: Sep 17 2008 – 11:26am

  1. The district will conduct evaluations, reevaluations and eligibility determinations, in accordance with federal and state laws and regulations, for both resident and nonresident students enrolled by their parents in private schools located within district boundaries.
  2. Eligibility for special education and related services will be determined by the district in the same manner as for public school students with disabilities.
  3. The district in which the private school is located will reevaluate private school students with disabilities at least every three years to determine whether the student continues to be eligible for special education, whether the student is or is not currently receiving services under a services plan.
  4. If parents who enroll a student in a private school at their own expense do not provide consent for the initial evaluation or the reevaluation, or the parent fails to respond to a request to provide consent, the district will not use due process procedures to override the lack of consent. The district will not, and is not required to, consider the child as eligible for special education services in these cases.
  5. If a parent refuses a reevaluation that is necessary to determine whether the student continues to be a student with a disability, and as a result the team cannot determine the student’s continuing eligibility, the student will no longer be considered “eligible” and shall not be counted as a private school student with a disability for the purposes of the private school student count.
  6. Following an initial determination of eligibility, and upon any subsequent determination of eligibility, the district will notify the parent in writing that the resident district will make a free appropriate public education available to the student if the student is enrolled in a district program, and conducts a meeting to develop, review or revise the students services plan.
  7. If the parent does not choose to remove the child from private school to enroll in a district public school, the district will initiate and conduct a meeting to develop, review or revise the student’s services plan, consistent with the procedures for IEP meetings and timeline and in light of the service provision the district has determined through the consultation process.
  8. The district in which the private school is located will not release evaluation and eligibility determination information or other personally identifiable information to the student’s resident district without written parental consent, unless parents seek enrollment in the student’s resident district and the resident district requests records.

I2600.07 – Service Plans

Last updated: Sep 17 2008 – 11:26am

  1. If a student with a disability is enrolled by a parent in a private school the district will offer a services plan.
  2. The district will ensure that the services plan describes the specific special education and related services the district will provide to the student in light of the services that have been determined through the consultation process.
  3. The district will convene individual meetings to develop, review and revise the services plan consistent with procedures for IEP team membership, parent participation and IEP content, to the extent appropriate.
  4. The district will ensure that a representative of the private school attends each meeting. If the representative cannot attend, the district will use other methods to ensure participation by the private school, including individual or conference telephone calls.
  5. The district will not provide transportation from the student’s home to the private school except if necessary for the student to benefit from or participate in the services provided by the public agency. A private school student with a disability will be provided transportation:
    1. From the student’s school or the student’s home to a site other than the private school; and
    2. From the service site to the private school, or to the student’s home, depending on the timing of the services.

I2600.08 – Property, Equipment and Supplies

Last updated: Sep 17 2008 – 11:26am

  1. The district will keep title to and exercise continuing administrative control of all property, equipment and supplies that the district acquires with IDEA funds for the benefit of private school students with disabilities.
  2. The district may place equipment and supplies in a private school for a period of time needed to implement the service plan of a private school student with disabilities or for child find purposes.
  3. The district will ensure that the equipment and supplies placed in a private school:
    1. Are used only for implementation of special education activities; and
    2. Can be removed from the private school without remodeling the private school facility.
  4. The district will remove equipment and supplies from a private school if:
    1. The equipment and supplies are no longer needed for special education activities, programs or services; or
    2. The district determines removal is necessary to avoid unauthorized use of the equipment and supplies.
  5. The district will not use IDEA funds for repairs, minor remodeling or construction of private school facilities.

I2600.09 – Separate Classes Prohibited

Last updated: Sep 17 2008 – 11:26am

The district will not use IDEA funds for classes that are organized separately on the basis of school enrollment or religion of the students if:

  1. The classes are at the same site; and
  2. The classes include students enrolled in public school programs and students enrolled in private schools.

I2600.10 – Funds and Property Not to Benefit Private Schools

Last updated: Sep 17 2008 – 11:26am

  1. The district will not use IDEA funds to finance the existing level of instruction in a private school or to otherwise benefit the private school.
  2. The district will use IDEA funds to meet the special education needs of students enrolled in private schools, but not for:
    1. The needs of a private school; or
    2. The general needs of the students enrolled in the private school.

I2600.11 – Use of School Personnel

Last updated: Sep 17 2008 – 11:26am

  1. The district may use IDEA funds to make public school personnel available in other than public facilities:
    1. To the extent necessary to implement any of the requirements related to private school students with disabilities; and
    2. If those services are not normally provided by the private school.
  2. The district may use IDEA funds to pay for the services of an employee of a private school to provide services to private school students if:
    1. The employee performs the services outside of his/her regular hours of duty; and
    2. The employee performs the services under public supervision and control.

I2600.12 – Federal Funds Available for Services

Last updated: Sep 17 2008 – 11:26am

  1. The district will calculate a proportionate share of federal funds available to provide special education and related services to private school students with disabilities using the formula specified in the Individuals with Disabilities Act (IDEA).
  2. If the district does not expend the proportionate share of funds by the end of the fiscal year, the district will obligate the remaining funds to be used in the following year.
  3. Maintenance of Effort: the district will not include child find expenditures in determining whether the district has met its expenditure requirements for parentally placed private school students, but may include the cost of transportation required for students to access required special education services.
  4. The district will not supplant the proportionate amount of federal funds required to be expended for parentally placed private school students.

I2700 – Free Appropriate Public Education (FAPE)

Last updated: Sep 17 2008 – 11:26am

The following rules apply to Free Appropriate Public Education (FAPE).

I2700.01 – FAPE and Age Ranges

Last updated: Sep 17 2008 – 11:26am

  1. The district provides special education and related services to all resident school-age students with disabilities, except as provided below.
  2. “School-age children” are children who have reached 5 years of age but have not yet reached 21 years of age on or before September 1 of the current school year.
  3. The district will admit an otherwise eligible student who has not yet reached 21 years of age on or before September 1 of the current school year.
  4. An otherwise eligible person whose 21st birthday occurs during the school year will continue to be eligible for FAPE for the remainder of the school year.
  5. The district will provide FAPE to students with disabilities who have been suspended or expelled from school in accordance with the special education discipline rules.

I2700.02 – Nonacademic Services

Last updated: Sep 17 2008 – 11:26am

  1. The district will provide equal opportunity for students with disabilities for participation in nonacademic and extracurricular services and activities.
  2. Nonacademic and extracurricular services and activities may include meals, recess periods, counseling services, athletics, transportation, health services, recreational activities, special interest groups or clubs sponsored by the district, referrals to agencies that provide assistance to individuals with disabilities, and employment of students, including both employment by the district and assistance in making outside employment available.
  3. The district will ensure that each child with a disability participates with nondisabled children in the extracurricular services and activities to the maximum extent appropriate to the needs of each individual child.

I2700.03 – Graduation

Last updated: Sep 17 2008 – 11:26am

  1. A student graduating with a regular high school diploma is no longer entitled to FAPE.
  2. The district will provide prior written notice a reasonable time before a student with a disability graduates with a regular high school diploma.
  3. The district is not required to conduct a reevaluation before terminating eligibility due to graduation with a regular high school diploma.
  4. Graduation with an alternative document:
    1. The district may award an alternative document meeting the criteria of the State Board of Education to a student with a disability.
    2. Graduation with an alternative document does not terminate eligibility, require an evaluation or require prior written notice.
  5. The district may, but is not required to, provide special education and related services to a student who has graduated with a regular diploma.

I2700.04 – Incarcerated Youth

Last updated: Sep 17 2008 – 11:26am

  1. The district will have a plan, approved by the local Board, to provide or cause to be provided, appropriate education for children placed in a local or regional correctional facility located in the district.
  2. The district will provide free and appropriate education (FAPE) for students with disabilities ages 18 through 21 incarcerated as adults in an adult correctional facility if, in the last educational setting before their incarceration they:
    1. Were identified as students eligible for special education; and
    2. Had an IEP.
  3. The district’s provision of FAPE will not include:
    1. The requirements relating to participation of children with disabilities in statewide and district assessments.
    2. Students whose eligibility for services will end before their release. The district will make this determination related to transition planning and transition service based on considerations of the sentence and eligibility for early release. Requirements relating to transition planning and transition services, with respect to the students whose eligibility will end, because of their age, before they will be eligible to be released from adult correctional facilities based on consideration of their sentence and eligibility for early release.
  4. The IEP team may modify the student’s IEP or placement if the state has demonstrated a bona fide security or compelling penological interest that cannot otherwise be accommodated. Least restrictive environment requirements do not apply with respect to these modifications.
  5. The public agency responsible for the special education of students in an adult correctional facility is not required to provide notice of meetings to the parent after rights transfer to the student.

I2700.05 – Residential Placement

Last updated: Sep 17 2008 – 11:26am

If the IEP team determines that placement in a public or private residential program is necessary to provide FAPE to a student with a disability, the district will ensure that the program, including nonmedical care and room and board, is provided at no cost to the parents of the student.

I2700.06 – Physical Education

Last updated: Sep 17 2008 – 11:26am

  1. The district will make physical education services, specially designed if necessary, available to every child with a disability receiving FAPE, unless the school enrolls children without disabilities and does not provide physical education to children without disabilities in the same grade.
  2. The district will provide the opportunity to each child with a disability to participate in the regular physical education program available to nondisabled children unless the child needs specially designed physical education as prescribed in the child’s IEP.
  3. If specially designed physical education is included in the child’s IEP, the district must provide the services directly or make arrangements for those services to be provided through other public or private programs.
  4. If the child with a disability is enrolled full time in a separate facility, the district must ensure that the child receives appropriate physical education services.

I2700.07 – Public Charter Schools

Last updated: Sep 17 2008 – 11:26am

  1. The district will serve resident children with disabilities attending charter schools sponsored by the district in the same manner and in accordance with applicable laws and rules governing the district’s provision of services to children with disabilities in its other schools.
  2. The district will convene an IEP meeting as soon as possible following notification by the charter school that a student with a disability has enrolled.
  3. The district will provide supplementary and related services on site at a district charter school to the same extent to which the district has a policy or practice of providing such services on the site to its other public schools.
  4. The district will ensure that resident children attending charter schools not sponsored by the district are provided special education and related services in accordance with ORS 338.165.
  5. If a child with a disability enrolls in a charter school, the charter school is considered the school the child would attend if not disabled. Enrollment in any charter school is by parent choice. Enrollment in any out-of-district charter school does not require an interdistrict transfer agreement.

I2700.08 – Recovery of Funds for Misclassified Students

Last updated: Sep 17 2008 – 11:26am

The district will ensure that students identified on the special education child count under Part B of the Individuals with Disabilities Education Act (IDEA) are limited to students who:

  1. Meet eligibility requirements under OAR 581-015-2130 to 2180;
  2. Have a current IEP that is being implemented;
  3. Are receiving a free appropriate public education.

I2700.09 – Students with Disabilities Covered by Public Insurance

Last updated: Sep 17 2008 – 11:26am

With regard to services required to provide FAPE to a student with disabilities, the district:

  1. Will not require a parent to sign up for or enroll in public insurance programs in order for their student with disabilities to receive FAPE under Part B of the IDEA;
  2. Will not require parents to incur an out-of-pocket expense in order for their student with disabilities to receive FAPE under Part B of the IDEA; and
  3. Will not use the student’s benefits under a public insurance if that use would:
    1. Decrease available lifetime coverage or any other insured benefit;
    2. Result in the family paying for services that would otherwise be covered by the public insurance program and that are required for the student outside the time the student is in school;
    3. Increase premiums or lead to the discontinuation of insurance; or
    4. Risk the loss of eligibility for home- and community-based waivers, based on aggregate health-related expenditures.

I2700.10 – Students with Disabilities Covered by Private Insurance

Last updated: Sep 17 2008 – 11:26am

  1. Each time the district proposes to access a parent’s private insurance proceeds, the district will:
    1. Obtain parent consent (as defined in OAR 581-015-2090); and
    2. Inform the parents that their refusal to permit the district to access the private insurance does not relieve the district of its responsibility to ensure that all required services are provided at no cost to the parent(s).
  2. The district may use its IDEA Part B funds for a specified service required to ensure FAPE if the district is unable to obtain consent to use a child’s private insurance.
  3. If the parent would incur a cost for the school district’s use of private insurance, the district may use its Part B funds to pay the cost the parents otherwise would have to pay to use the private insurance (e.g. the deductible or co-pay amounts).

I2700.11 – Accessible Materials

Last updated: Sep 17 2008 – 11:26am

  1. The district will ensure the timely provision of print instructional materials, including textbooks that comply with the National Instructional Materials Accessibility Standards (NIMAS) for students who are blind or print disabled.
  2. District will ensure the timely provision of instructional materials in accessible formats to children who need instructional materials in accessible formats, including those children who are not blind or print disabled.

I2700.12 – Extended School Year Services

Last updated: Sep 17 2008 – 11:26am

See I2300.09

I2700.13 – Assistive Technology

Last updated: Sep 17 2008 – 11:26am

See I2300.10

I2800 – Services for Home-Schooled Students with Disabilities

Last updated: Sep 17 2008 – 11:26am

The following rules apply to Services for Home-Schooled Students with Disabilities.

I2800.01 – Home Schooling for Students with Disabilities

Last updated: Sep 17 2008 – 11:26am

  1. As soon as the district learns of the parent’s intent to home school or when the district is informed that a resident student with disabilities is home schooled, the district will provide written notice to the parent that it stands ready to provide a free appropriate public education if the student enrolls in the district.
  2. The district will offer and document to the parent an individualized education program (IEP) meeting to consider providing special education and related services to the student with a disability in conjunction with home schooling.
  3. This district will provide an annual written notice that it stands ready to provide a free appropriate public education if the student enrolls in the district as long as:
    1. The student remains eligible for special education;
    2. The student is exempt from compulsory education as a home-schooled student; and
    3. The student is not receiving special education and related services from the district.
  4. To consider the provision of special education services, the district will convene the IEP team for a student with a disability if the IEP team determines that a free appropriate public education can be provided in conjunction with home schooling. Services may be provided in the home only to the extent that special education or related services would be provided in the home if the student was not home schooled.
  5. The district will develop an IEP consistent with the requirements for IEP team meetings, IEP team membership and IEP content, with the following exceptions:
    1. The student’s parent will be treated as both parent and regular education teacher of the student unless the parent designates another individual as the regular education teacher;
    2. Under “extent of nonparticipation in regular education” the IEP will state that the student is exempt from compulsory school attendance and regular education is provided through home schooling; and
    3. The IEP will state how “satisfactory educational progress” will be determined for the student. A parent may use a privately developed plan (PDP) to determine satisfactory progress. If so, the IEP will indicate that satisfactory progress will be determined by the PDP team, at parent request. If the student enrolls in a regular education class, pursuant to the district’s policy for students who are home schooled, the IEP team will include a regular education teacher.
  6. The district will ensure that:
    1. Students with disabilities who are home schooled are reevaluated at least every three years unless waived by mutual agreement of the parent and the district, and not more than once a year unless the parent and district agree otherwise;
    2. If the team determines a specific evaluation is necessary to continue eligibility or to determine appropriate special education and related services for the student’s IEP, and the parent refuses consent for such evaluation, or refuses to make the student available, the district will document to the parent that the district stands ready to conduct the evaluation when the parent gives consent or makes the student available;
    3. If the district does not have sufficient evaluation information to determine eligibility or to develop an IEP, the district will not be required to complete these activities. The district will provide prior written notice if the district terminates eligibility or services under these circumstances.

I2800.02 – Testing and Reporting Requirements

Last updated: Sep 17 2008 – 11:26am

  1. If a student with a disability is receiving IEP services from the district and the IEP includes a provision for IEP team assessment of satisfactory educational progress, the district:
    1. Complete the assessment; and
    2. Provide the parent with a copy of the results, including a summary statement indicating whether the student has made satisfactory educational progress in light of the student’s age and disability.
  2. If a student with a disability is receiving IEP services in a core area of instruction, the district will include the student in statewide assessments, unless an exemption is requested by the parent.

I2800.03 – Child Find

Last updated: Sep 17 2008 – 11:26am

  1. If the district suspects that a home-schooled student has a disability, the district will:
    1. Obtain parent consent for initial evaluation; and
    2. Conduct an initial evaluation and determines the student’s eligibility to receive special education and related services.
  2. If the student is eligible, the district will notify the parent and offer an opportunity for an IEP meeting to consider initiation of special education and related services to the student with a disability.
  3. If the parent refuses consent, does not respond or refuses to make the student available, the district will document to the parent that the district stands ready to conduct the evaluation when the parent gives consent or makes the student available.

I2800.04 – School Enrollment

Last updated: Sep 17 2008 – 11:26am

  1. If the district permits partial enrollment of home-schooled students in its regular education program, the district will permit students with disabilities to participate to the same extent as nondisabled students, if appropriate, whether or not the student is receiving IEP services from the district.
  2. A student who is exempt from compulsory school attendance as a home-schooled student with a disability will continue to be considered an exempt home-schooled student by the district even though the student receives special education and related services from the district, unless these services are the equivalent of full-time enrollment in the district; or the district permits partial enrollment of home-schooled students and, pursuant to that policy, the student attends one or more regular education classes, unless partial enrollment is the equivalent of full-time enrollment in the district.

I3000 – Instructional Materials

Last updated: Sep 17 2008 – 11:26am

IIA-AR Instructional Materials Selection

The following rules apply to Instructional Materials.

I3100 – Commercial Television Programming

Last updated: Sep 17 2008 – 11:25am

The routine use of commercial television programming in schools is controversial. However, from time to time a school will decide that the routine use of commercial television programming will assist in the implementation of the district curriculum, especially the teaching of current events and the impact of mass media. Several such options have become available to schools.

Before a school makes a decision to routinely use commercial television programming, the principal must submit a request to the appropriate Director overseeing the school. The request will be evaluated using the criteria below:

  1. The commercial television programming is being used to teach the districts adopted curriculum related to current events or other content areas.
  2. Advertising is being used to teach language art goals related to communication, information, and the effects of mass media.
  3. Parents and the site council, if a site council exists, have been included in deciding to use the commercial programming, and are generally supportive of its use.

I3200 – Oregon State Textbook Adoption

Last updated: Sep 17 2008 – 11:25am

The district will comply with the State of Oregon textbook adoption cycle in making textbook adoptions in different content areas. (See the State web page for the schedule.)
(See the Instruction web page for guidelines and process.)The staff member leading the adoption process defines the purchasing process for each new adoption.

 

Citings

Selection of Instructional Materials -IIA

OAR 581-011-0070

OAR 581-022-1640

I3300 – Replacement of Basal Instructional Materials and Library Books

Last updated: Sep 17 2008 – 11:26am

The following rules apply to Replacement of Basal Instructional Materials and Library Books.

I3300.01 – Fines

Last updated: Sep 17 2008 – 11:26am

Fines collected by a school from individual students for lost or damaged books will be used to replace those books and cannot be used for other purposes. Each school will establish a special revenue and expenditure account in the student body budget and purchase replacements through that special account.

I3300.03 – Charging Students for Lost Library Books and Textbooks

Last updated: Jul 24 2009 – 1:29pm

Secondary Schools: Students who lost materials are to be charged the replacement cost for that item. Schools should have the option of negotiating with students/parents when this procedure is unacceptable.

Elementary Schools: Each school will develop its own procedures for charging students for lost books.

Schools may establish a prorated amount to charge.

I3400 – Copyright Rules

Last updated: Sep 17 2008 – 11:25am

It is the intent of Eugene School District 4J to abide by the Federal copyright laws. See the following link for the complete document. Copyright Information

I3500 – Complaints About Instructional Materials

Last updated: Sep 17 2008 – 11:25am

The following rules apply to Complaints About Instructional Materials.

I3510 – Request for Reconsideration of Instructional Material

Last updated: Sep 17 2008 – 11:25am

The district will implement Board Policy IIA regarding Requests for Reconsideration of Instructional Materials.

 

Citings

Selection of Instructional Materials – IIA

I3520 – Controversial Issues

Rule:

The Board of Directors recognizes that honest differences of opinion may occur in classes where students are encouraged to seek understanding of facts and form opinions in conformance with them. It is probable, too, that these differences will be accentuated where free inquiry exists and if divergent views can be expressed and be subject to common scrutiny.

Furthermore, if the quality of learning in the schools is to be judged on its contribution to the development of a free person solving individual problems and cooperating in seeking solutions to the problems of a community in a free society, then students must be permitted to express such differences with all the resources, which they may bring to bear. It also follows that ample resources representative of different views must be made available to students.

The teacher’s role in these instances becomes that of a guide, aiding students in the process of objective inquiry and maintaining an atmosphere free from bias and prejudice. The teacher is entitled to express individual opinion on controversial topics. However, when an individual opinion or one point of view is presented, it should be identified as such. The teacher should also assume the responsibility to present the finding that the best and most current scholarship has to offer.

The district believes that the student’s freedom to express different views and to defend a position is a requisite if the student is to acquire the skills of critical thinking and analysis which will be needed by effective, productive citizens. It recognizes that such practices may bring controversial issues to the fore and that, as a result, parents may become apprehensive. But the board reaffirms that it wishes to extend to all students the right of freedom of inquiry. It is not the intent to force upon any student a set of values.

The district will implement board policy regarding Controversial Issues.

 

Policy Category:

I Instruction

 

Position Responsible:

Deputy Superintendent

 

This Revision Edited by:

Tom Henry

 

Department:

Instruction 790-7550

I3530 – Student Objections

Rule:

The district will implement board policy IGBHD regarding Student Objections.

 

Citings

Board Policy:

Objections to Instructional Materials – IGBHD

 

Policy Category:

I Instruction

 

Position Responsible:

Deputy Superintendent

 

This Revision Edited by:

Tom Henry

 

Department:

Instruction 790-7550

I4000 – Graduation Requirements

Rule:

The district will implement state law regarding graduation requirements. Administrative rules will be developed during the 2008-09 school year.

 

Policy Category:

I Instruction

 

Position Responsible:

Deputy Superintendent

 

This Revision Edited by:

Tom Henry

 

Department:

Instruction 790-7550

I4140 – Counseling and Guidance

Rule:

1. All schools develop a Comprehensive Guidance and Counseling Program pursuant to state requirements.

2. The offices of Secondary Services and of Elementary Services in the Instruction Department review each school’s Comprehensive Guidance and Counseling Plan annually.

3. A School Improvement Plan (SIP) is required to reflect improvement goals for counseling and guidance.

 

Policy Category:

I Instruction

 

Position Responsible:

Director of Secondary Services

 

This Revision Edited by:

Brad New

 

Department:

Instruction 790-7550

I4410 – Graduation

Rule:

1. The district board establishes diploma requirements that comply with state requirements. Students who fulfill those requirements will be awarded a Eugene School District 4J diploma.

2. Schools may supplement the Eugene School District 4J diploma with standard recognitions such as the Honors Diploma, which is set at the district level, or other school-specific distinctions that are described in school rules

3. At midterm of their final semester, seniors will be notified whether or not they should expect to be allowed to participate in graduation ceremonies based on whether or not they are on track to fulfill all graduation requirements by the end of the semester. This is based on a combination of accrued credits and current course enrollment and progress. However, during the final nine-week period, if a student drops or is failing courses required for graduation, s/he may be excluded from graduation ceremonies.

 

Policy Category:

I Instruction

 

Position Responsible:

Director of Secondary Services

 

This Revision Edited by:

Brad New

 

Department:

Instruction 790-7550

I4410.01 – INDIVIDUALIZED GRADUATION PLANS

Rule:

 

Effective for the class of 2013 and beyond, only exemptions from state required programs or learning activities that comply with OAR 581-022-1910, specifically those that accommodate students’ disabilities or religious beliefs, will be submitted for school board approval.

 

Policy Category:

I Instruction

 

Position Responsible:

Director of Secondary Services

 

This Revision Edited by:

Brad New

 

Department:

Instruction 790-7550

I4410.02 – ALTERNATIVE CERTIFICATE

Rule:

Students may be issued either a Certificate of Completion or a Certificate of Attendance.

a. The Certificate of Completion may be issued to students who complete a course of study in designated Special Education programs in the district.

b. The Certificate of Attendance may be issued to students who have attended regularly at designated Special Education programs in the district.

c. Students who receive these Certificates are entitled to participate in graduation ceremonies.

d. All other students who request documentation of academic progress that has not led to a diploma are provided with a transcript. These students are not entitled to participate in graduation ceremonies.

 

Policy Category:

I Instruction

 

Position Responsible:

Director of Secondary Services

 

This Revision Edited by:

Brad New

 

Department:

Instruction 790-7550

I4445 – Alternative Education

Rule:

1. The office of Secondary Services in the Instruction Department ensures that all alternative programs within the district and with which the district contracts are properly accredited.

2. The office of Secondary Services in the Instruction Department creates and annually updates a district-wide plan for alternative education.

3. Credits granted at alternative programs may be earned through proficiency-based measures if the program has implemented a standards-based program that incorporates adequate assessment and evaluation methods to substantiate student learning according to state and district policy and guidelines.

4. Student placement at district and private alternative programs is determined according to established admission criteria and assessment.

5. Students who have not been successfully placed at an alternative program are evaluated in a timely manner for re-assignment to an appropriate educational program by school personnel.

 

Policy Category:

I Instruction

 

Position Responsible:

Director of Secondary Services

 

This Revision Edited by:

Brad New

 

Department:

Instruction 790-7550

I6000 – School Calendar

Rule:

A school calendar will be adopted each year by the board and must be followed by all schools unless deviations are approved consistent with district procedures and employee contracts. Each principal is responsible for keeping students, staff, and parents informed about holidays, vacations, and other dates relating to the school year.

 

Citings

Board Policy:

Holidays and Vacation Periods – IC

Establishing the Calendar – ICA

 

Policy Category:

I Instruction

 

Position Responsible:

Deputy Superintendent

 

This Revision Edited by:

Tom Henry

 

Department:

Instruction 790-7550

I6100 – Early Dismissal of Students

Rule:

Calendars and Parent-Teacher Conferences

The annual district calendar will determine the amount of release time for students for grading, planning, and professional development. Schools must follow the district calendar unless an alternative calendar is approved by the district.

 

Policy Category:

I Instruction

 

Position Responsible:

Deputy Superintendent

 

This Revision Edited by:

Tom Henry

 

Department:

Instruction 790-7550

I6200 – Instructional Year

Rule:

Students are expected to receive the required number of instructional hours each year. The Directors are responsible for implementing, directing, and monitoring school schedules to maintain the required hours of instruction.

Required hours are as follows:

  • 405 hours – Kindergarten
  • 810 hours – Gr 1-3
  • 900 hours – Gr 4-5
  • 900 hours – Gr 6-8
  • 990 hours – Gr 9-12

 

Policy Category:

I Instruction

 

Position Responsible:

Deputy Superintendent

 

This Revision Edited by:

Tom Henry

 

Department:

Instruction 790-7550

I6200.01 – Skip Day

Rule:

The district will implement board policy JE regarding student walkouts or “skip days”.

 

Citings

Board Policy:

Student Attendance – JE

 

Policy Category:

I Instruction

 

Position Responsible:

Deputy Superintendent

 

This Revision Edited by:

Tom Henry

 

Department:

Instruction 790-7550

I7000 – Special Programs and Activities

Rule:

The following rules apply to Special Programs and Activities.

 

Policy Category:

I Instruction

 

Position Responsible:

Deputy Superintendent

 

This Revision Edited by:

Tom Henry

 

Department:

Instruction 790-7550

I7100 – Federal, State, Local and Private Foundation Grants

Rule:

The following rules apply to Federal, State, Local and Private Foundation Grants.

 

Policy Category:

I Instruction

 

Position Responsible:

Deputy Superintendent

 

This Revision Edited by:

Tom Henry

 

Department:

Instruction 790-7550

I7100.01 – PROCESS FOR DEVELOPING GRANT PROPOSALS

Rule:

The district administration, at the direction of the school board, has established a process for developing and approving all grant proposals. Basically, the board wants to ensure that proposals meet district objectives and are submitted with the knowledge and support of all concerned staff members. The sequence to follow is:

  1. Develop an idea to meet an educational need or objective. Consult with teachers, curriculum coordinators, and administrators.
  2. Obtain the approval of the appropriate administrators. This will always include the building principal and often the appropriate directors, as well. Projects that are highly innovative may require discussion at the district level. Important considerations include:
    1. Is the proposed project compatible with district goals, objective, and policies?
    2. Will the concerned staff support and cooperate in the project?
    3. Are the expected results worth the effort?
    4. Is this project feasible, i.e., do we have the capabilities to achieve the expected results?
  3. Determine whether a funding resource is available. Ask the help of the Grants Office.
  4. Contact the funding source for application guidelines and forms. A preliminary inquiry about the acceptability of the proposal idea may be appropriate. The Grants Office will help with this.
  5. Write the proposal. Ask the Grants Office for suggestions, critique of proposal and editing.
  6. Submit the district’s Grant Description Form (available from the Grants Office) and the grant application or project proposal to the Grants Office. These materials must be submitted a minimum of ten days prior to the meeting of the school board at which the grant is to be considered. Be prepared to attend the school board meeting at which your proposal is to be considered in case the board has any questions.
  7. If the school board approves the grant application, it will be the responsibility of the proposal writer to send the required proposals and applications to the funding agency by that agency’s deadline. The Grant Office will assist with this as needed.
  8. If the proposal is funded, the Grants Office will set up the budget and review operating procedures for compliance with the requirements of the funding agency. Should a proposal be rejected, the Grants Office will help analyze the reasons it was rejected and advise on possible rewriting for future submission.
  9. Operate the project according to the requirements of the grant.
  10. Upon completion of the project, submit the required final report to the Grants Office. Copies of produced materials must also be sent to the Grants Office for the district’s grants depository.

 

Policy Category:

I Instruction

 

Position Responsible:

Deputy Superintendent

 

This Revision Edited by:

Tom Henry

 

Department:

Instruction 790-7550

I7100.02 – Title I Programs

Rule:

Title 1 funds must be used to supplement and not supplant district programs. The Federal Programs Coordinator will serve as a planning consultant to Title I schools in developing programs and will monitor those programs to ensure that they are in compliance with federal and state regulations. The Coordinator will also be responsible for notifying the principal and the Chief Academic Officer in writing of issues, problems, or infractions relating to Title 1 with suggestions for remedies. The Chief Academic Officer, Federal Programs Coordinator, and principal are responsible for follow up in any corrective action necessary.

 

Policy Category:

I Instruction

 

Position Responsible:

Deputy Superintendent

 

This Revision Edited by:

Tom Henry

 

Department:

Instruction 790-7550

I7200 – Alternative Schools

Rule:

The following rules apply to Alternative Schools.

 

Citings

Board Policy:

Alternative Schools – IGBH

 

Policy Category:

I Instruction

 

Position Responsible:

Deputy Superintendent

 

This Revision Edited by:

Kay Mehas

 

Department:

Instruction 790-7550

I7210 – Procedures for Establishment

Rule:

The following rules apply to Procedures for Establishment.

 

Policy Category:

I Instruction

 

Position Responsible:

Deputy Superintendent

 

This Revision Edited by:

Kay Mehas

 

Department:

Instruction 790-7550

I7210.01 – PROPOSALS FOR ESTABLISHMENT OF AN ALTERNATIVE SCHOOL

Rule:

Proposals for the establishment of an alternative school shall be submitted in writing to the Deputy Superintendent or dsignee and must address each of the criteria established by board policy for evaluating such proposals.

 

Policy Category:

I Instruction

 

Position Responsible:

Deputy Superintendent

 

This Revision Edited by:

Kay Mehas

 

Department:

Instruction 790-7550

I7210.02 – PROCEDURE FOR STAFF EVALUATION OF PROPOSALS

Rule:

  1. Upon receipt of a proposal for the establishment of an alternative school, the Deputy Superintendent or designee shall notify the Superintendent and the Instructional Leadership Team (ILT) of the proposal.
    1. The Deputy Superintendent or designee shall act as chairperson of the Instructional Leadership Team and shall ensure that the ILT:
      1. meets promptly to consider the proposal,
      2. reviews the proposal using the criteria established by board policy, and
      3. submits a report of its findings and recommendation to the superintendent.
  2. The ILT must recommend either approval or rejection of the proposal. Before submitting its final recommendation for approval or rejection, the ILT may suggest modification of the proposal to proponents of the alternative school. The ILT shall attach a statement describing its reasons for recommending that the proposal be accepted or rejected.
  3. Upon receipt of the ILT’s recommendation and statement of reasons, the Superintendent shall review the report and submit it to the board along with his or her recommendation regarding the proposal.

 

Policy Category:

I Instruction

 

Position Responsible:

Deputy Superintendent

 

This Revision Edited by:

Kay Mehas

 

Department:

Instruction 790-7550

I7210.03 – REQUIRED CURRICULUM

Rule:

Alternative schools shall be expected to:

  1. Meet district program goals and scope in the required curriculum areas.
  2. Adopt textbook materials consistent with the philosophy of the school and district textbook guidelines. Textbook adoptions for required curriculum areas shall be with the approval of the Instructional Policy Council (IPC).

 

Policy Category:

I Instruction

 

Position Responsible:

Deputy Superintendent

 

This Revision Edited by:

Kay Mehas

 

Department:

Instruction 790-7550

I7210.04 – SELECTION OF STUDENTS

Rule:

See Administrative Rule J1500.01, Administrative Procedures for School Choice.

 

Policy Category:

I Instruction

 

Position Responsible:

Deputy Superintendent

 

This Revision Edited by:

Kay Mehas

 

Department:

Instruction 790-7550

I7300 – Resident Outdoor School and Other Field Trips

Rule:

The following procedures have been developed for implementing school board policy IICA in reference to field and camp trips involving overnight outings and/or potential hazardous conditions such as water, forests, and high places.

  1. Provision for first aid and sickness shall be made by having in attendance a currently licensed nurse or a person holding current first aid certification. If a nurse is not in attendance, approval of a responsible person with a first aid card must be given by the principal prior to the planned trip.
  2. A contingency plan for emergencies, which includes parent notification and contact of ambulance service or other transportation, must be on file with the principal for each trip involving an overnight outing and/or hazardous conditions, as defined in the introductory statement.

 

Citings

Board Policy:

Field Trips – IICA

 

Policy Category:

I Instruction

 

Position Responsible:

Deputy Superintendent

 

This Revision Edited by:

Tom Henry

 

Department:

Instruction 790-7550

I8000 – Instructional Staff

Rule:

The following rules apply to Instructional Staff.

 

Policy Category:

I Instruction

 

Position Responsible:

Deputy Superintendent

 

This Revision Edited by:

Tom Henry

 

Department:

Instruction 790-7550

I8100 – Discipline of Students (Staff Authority)

Rule:

Authority and Responsibility of Staff

The following procedures relating to student disciplinary matters shall be followed in implementing board policies JFC and JG relating to student conduct and discipline and in administering the provisions of the Student Rights and Responsibilities Handbook:

  1. A teacher who observes a student breaking a school rule, district rule, or otherwise behaving in an unacceptable manner shall take immediate steps to correct the situation. The disciplinary action of a teacher shall be reasonably related to the student behavior and shall be fairly and consistently administered. Actions of teachers may include, but are not limited to, the following:
    1. A teacher may retain a student after school if the parent has been given prior notice. If the parent cannot be contacted on a particular day, the student will normally fulfill his or her obligation to meet after school the following day.
    2. A teacher or other licensed staff member may use reasonable physical restraint when, and to the extent that, he or she believes it necessary to maintain order or protect the safety of a student or staff member. Any staff member using physical restraint shall inform the principal at once of such action and shall make an accurate written account to the principal within 24 hours or on the next working day. A teacher may not use physical punishment.
    3. When in the judgment of the teacher a student’s behavior is seriously disrupting the instructional program to the detriment of other students, the teacher may temporarily exclude the student from the classroom and refer him or her to the principal. This means that an unruly student may be sent to the office or another prearranged location because of unacceptable behavior. In such case, the principal shall arrange as soon as possible, and under normal circumstances not later than the conclusion of the following day, a conference to include the principal, the teacher, and, if appropriate, a specialist to discuss the problem and decide upon appropriate steps for its resolution. Parents or guardians should be kept informed in cases of serious disciplinary problems caused by their children, and the parents may join in any conference involving discussions for resolving those problems.
  2. Any serious infraction of a rule or behavior which endangers the safety of a student or staff member, or which substantially disrupts a class, activity, or other school function, shall be reported immediately to the principal or assistant principal. When a serious infraction has been reported which endangers others or substantially disrupts a class, the principal or designee shall take prompt steps to alleviate the problem.
    1. The principal will hold a conference with the unruly student, the teacher, and, if feasible and appropriate, the parent, to establish reasonable conditions for the student’s readmission to the class. The teacher or staff member reporting the misbehavior may be required to make a written report or describe the incident in the presence of the student and parent.
    2. The principal may seek assistance, if appropriate, from Educational Support Services, Instruction Services or responsible community agencies to explore options with the teacher, parent, and student in an effort to resolve the problem.
    3. Principals may suspend students using the formal discipline procedures set forth in the Student Rights and Responsibilities Handbook (see Disciplinary Procedures section). When a suspension is made, the principal must ensure the student
      and parent the procedural rights provided in the Student Rights and Responsibilities Handbook (see Appendix 1 Due Process Procedures for Out-of-School Suspension).
    4. Expulsion procedures, as defined in the Administrative Handbook, may be recommended by the principal when the above procedures have not significantly changed the disruptive behavior. See Administrative Rule (J3400) Process for Expulsion
  3. The principal of each school has been authorized to take appropriate steps to assure an atmosphere which is conducive to learning and which provides for the safety and welfare of students and school personnel. A designee shall be named by the principal to serve in his or her absence. The principal may reassign a student or may involve a law enforcement agency if necessary to protect the safety or welfare of students or staff members. The principal is responsible for establishing school procedures or guidelines which may be necessary to supplement the district policy and procedures. School staffs, advisory councils, and students shall be invited to participate in the development of written procedures or guidelines.
  4. Teachers are responsible for supervising students assigned to them. Teachers may use appropriate disciplinary action in accordance with district and school rules and guidelines. Teachers are obligated to serve as part of the total school team to enforce school and district rules and share in the general supervision of the school.
  5. Any teacher involved in an assault and battery within the scope of his or her employment shall immediately make a written report of the circumstances. The teacher shall make supplemental written reports, attaching copies of any summons, complaints, process, information indictment, notice or demand served on him or her in connection with such assault or battery within five (5) days after being served and shall report the final disposition of any such proceedings. All reports referred to above shall be made to the teacher’s principal. Such reports will be forwarded immediately to the superintendent’s office. In the event civil or criminal proceedings are brought against any teacher, the superintendent shall comply with any written requests by the teacher for information in the district’s possessions relating to his or her defense. The district shall not be required to provide information privileged by law. The district agrees to provide safe working conditions for teachers and to maintain order in the schools.

 

Citings

Board Policy:

Standard for Student Conduct and Discipline – JFC

Discipline of Students – JG

 

Policy Category:

I Instruction

 

Position Responsible:

Deputy Superintendent

 

This Revision Edited by:

Barb Bellamy with Tom Henry

 

Department:

Instruction 790-7550

I9210.01 – TESTING ADMINISTRATION PROCEDURES (OREGON STATEWIDE ASSESSMENT)

Rule:

  1. One licensed staff member at each building unit will be designated by the principal as the School Test Coordinator. (This person may be licensed staff or building administrator.) The designate will serve as a contact person with the District Test Coordinator regarding testing matters and be responsible for coordinating the testing program within the building.
  2. School Test Coordinators will be trained in test administration and test security procedures. It will be their responsibility to train and supervise individuals administering tests within buildings, and ensure that all staff involved with the Oregon Statewide Assessment will participate in required annual test security training. School Test Coordinators can opt to have training conducted through the district’s Oregon Department of Education (ODE) Regional Partner.
  3. Testing procedures as outlined in the most current Test Administration Manual provided by the Oregon Dept. of Education will be followed.
  4. Careful monitoring of the testing process will be carried out to ensure test security, and that optimal testing environments are created for all students.
  5. Use of practice tests to help familiarize students with the tests is encouraged. Use of appropriate and necessary accommodations/modifications listed in the Accommodation and Modification tables published by Oregon Department of Education (ODE) is encouraged.
  6. All material containing test items and answer keys will be treated with security procedures that will minimize inappropriate distribution of the items. Use of items from statewide assessments is strictly prohibited and constitutes a breach of security and possible loss of licensure.

 

Citings

State Law:

OAR 581-022-0610

 

Policy Category:

I Instruction

 

Position Responsible:

Director of Computing & Information Services

 

This Revision Edited by:

Jim Conaghan

 

Department:

Instruction 790-7550

I9220 – District-wide Assessments

Rule:

Oregon Administrative Rule #21-030 prescribes the following limitations on administration and use of tests in public schools:

  1. Tests shall not be used as the sole criterion for placement of students in educational groups or tracks.
  2. Administration of individual intelligence tests and all tests of personality require written parental or guardian permission prior to testing.

District-wide assessments will include norm-referenced tests of reading and mathematics.

Ideally, these tests will be administered as follows:

  • Reading and mathematics Grades K-8 (Fall, Winter, Spring)
  • Reading and mathematics Grade 9 (Fall, Winter, Spring)

This program should be considered minimum and should not prevent buildings from using appropriate norm-referenced, diagnostic or criterion-referenced tests.

 

Citings

Board Policy:

Basic Skills – IGA

State Law:

OAR 581-022-0610

OAR 581-024-0235

 

Policy Category:

I Instruction

 

This Revision Edited by:

Yvonne Curtis

 

Department:

Instruction 790-7550

I9230 – Title I Testing Program

Rule:

Each fall, all Title I schools will assess their students, Grades 1-8, utilizing a district assessment in reading and math. The spring OAKS assessment, Grades 3-8, and other assessments, Grades K-8, also will be utilized.

Additional benchmark assessments in reading and math are given winter and spring. Students below the 20th percentile are progress monitored and intervention services provided.

Spring scores from the district assessments and state assessment (OAKS) will be utilized for Title I program evaluation and review.

The Title 1 Coordinator at each school, utilizing a planning team, will compile the test data with other pertinent data, and turn in an Annual Title I Program Review.

 

Policy Category:

I Instruction

 

Position Responsible:

Chief Academic Officer

 

This Revision Edited by:

Janis Swan

 

Department:

Instruction 790-7550

I9240 – Assessment Records

Rule:

The District will maintain electronic records of results from regularly administered district assessments, and the annual Oregon Statewide Assessment. Most recent assessment records and historical data will be maintained in the District’s Data Warehouse under the following parameters:

  1. Confidentiality of assessment records will be ensured. The District will maintain compliance with Family Educational Rights and Privacy Act (FERPA) regarding the use, storage, reporting, and transfer of student scores.
  2. Data Warehouse access will be restricted to 4J employees unless otherwise approved by the CAO or designee and Computing & Information Services Director.

 

Citings

Board Policy:

Education Records/Records of Students with Disabilities – JO

State Law:

OAR 581-021-0022

OAR 581-020-0030

OAR 581-021-0265

OAR 581-021-0400

OAR 581-021-0430

OAR 581-022-1660

 

Policy Category:

I Instruction

 

This Revision Edited by:

Jim Conaghan

 

Department:

Instruction 790-7550

I9000 – Miscellaneous Provisions

Policy Category:

I Instruction

 

Position Responsible:

Chief Academic Officer

 

This Revision Edited by:

Jim Conaghan

 

Department:

Instruction 790-7550

I9100 – Research

Policy Category:

I Instruction

 

Position Responsible:

Chief Academic Officer

 

This Revision Edited by:

Jim Conaghan

 

Department:

Instruction 790-7550

I9100.01 – Research Policy

Rule:

It shall be the policy of School District 4J to encourage and participate in research and experimentation for the development and improvement of education. Requests for research projects from agencies or individuals outside the district or from staff members within the district shall be submitted to the Instruction Department. Permission or denial to conduct such studies will be granted by supervising director of the Instruction Department or designee.

The following criteria shall be used in considering each request:

  1. The privacy and dignity of all individuals (i.e., student, teacher, principal, or parent) must be assured in any study.
  2. Each project must comply with federal and state laws.
  3. The study must not be detrimental, either physically or psychologically, to any of the participants.
  4. The proposal must contain full disclosure of the treatment to which the participants will be subjected. Procedures for maintaining confidentiality of students and staff, along with approval from the appropriate Institutional Review Board (IRB), if applicable, is required.
  5. Preference will be given to studies that have direct application to the educational program or decision-making process of District 4J. Proposals must describe the scope and significance of the study, anticipated start and end dates, along with copies of any survey or assessment instruments, protocols, and consent forms.
  6. A balance will be maintained to assure that individuals (students or teachers) participate in a limited number of studies in any given year. Preference will be given to research that minimizes disruption to district, school, and classroom operation.

In any research project that originates outside the district, the participation of licensed, classified, administrative employees, and students shall be voluntary.

In studies initiated at the Education Center, full staff participation may be necessary and cooperation of all district personnel may be required.

Teachers shall be encouraged to participate in research and experimentation in the interests of the development and improvement of education. If a teacher plans to engage in a research project for use in classroom instruction, details shall be made known to and approved by the building principal. If such a study results in material which would be useful to other teachers, it is recommended that it be made available for distribution throughout the district.

 

Citings

Board Policy:

Research – IFA

 

Policy Category:

I Instruction

 

Position Responsible:

Chief Academic Officer

 

This Revision Edited by:

Jim Conaghan

 

Department:

Instruction 790-7550

I9100.02 – Research Procedures

Rule:

Requests from postsecondary or graduate students to gather data or conduct surveys must go through the supervising director in the instruction department or designee.

Research on topics solicited by the Research Review Committee will be subject to collaborative efforts of the researcher and appropriate members of District 4J staff.

Citings

 

Board Policy:

Research – IFA

 

Policy Category:

I Instruction

 

Position Responsible:

Chief Academic Officer

 

This Revision Edited by:

Jim Conaghan

 

Department:

Instruction 790-7550

I9200 – Testing

Policy Category:

I Instruction

 

Position Responsible:

Director of Computing & Information Services

 

This Revision Edited by:

Les Moore

 

Department:

Instruction 790-7550

I9210 – Oregon Statewide Assessment

Rule:

Pursuant to OAR 581-022-0610, the school district shall administer achievement tests provided by the Oregon Department of Education at specific grade levels. The results of these tests shall be used to satisfy the requirements specified in OAR 581-022-1670 AND 581-022-0606 and as a method to evaluate compliance with OAR 581-022-1210.

Citings

State Law:

OAR 581-022-0610

OAR 581-022-1670

OAR 581-022-0606

OAR 581-022-1210

 

Policy Category:

I Instruction

 

Position Responsible:

Director of Computing & Information Services

 

This Revision Edited by:

Les Moore

 

Department:

Instruction 790-7550

I9300 – Athletics

Policy Category:

I Instruction

 

Position Responsible:

Chief Academic Officer

 

This Revision Edited by:

Larry Brown

 

Department:

Instruction 790-7550

I9300.01 – Athletic Regulations

Rule:

Students and staff will abide by rules and procedures related to high school interscholastic athletic programs as specified in the Eugene School District 4J Athletic Director Handbook.

Citings

Board Policy:

Physical Activities for Students – IGDI

 

Policy Category:

I Instruction

 

Position Responsible:

Chief Academic Officer

 

This Revision Edited by:

Larry Brown

 

Department:

Instruction 790-7550

I9300.02 – Participation of Home Schooled Students in Interscholastic Activities

Rule:

In order to participate in interscholastic activities, home schooled students will abide by rules and procedures for interscholastic activities as described in the Oregon School Activities Association (OSAA) Handbook.

Citings

Board Policy:

Dual Enrollment for Students Attending Another Public, Private or Home School – JECAA

State Law:

ORS 339.030

ORS 339.035

ORS 339.460

 

Policy Category:

I Instruction

 

Position Responsible:

Chief Academic Officer

 

This Revision Edited by:

Larry Brown

 

Department:

Instruction 790-7550

I9500 – Fund Drives

Rule:

Charitable Fund Drives
School-related charitable fund-raising campaigns shall be under the supervision of the building principal or designee in cooperation with the staff and students. All such drives must meet the following provision:

  1. Charitable fund drives may be conducted throughout the year. The principal or designee, prior to granting approval, will consider the questions at Special Drives in reaching a decision on individual requests.

Student Body Fund Drive

State statute requires that public schools admit students free of charge to the regular school program, and since fundraising activities may have potential negative organizational and public relations ramifications, all such activities must be carefully planned and conducted. Any fund-raising drives conducted for the purpose of supporting student body activities must have prior approval of the principal or designee. The principal or designee shall consider the questions at Special Drives in reaching a decision on individual requests.

Special Drives

  1. Will the money be used to support approved programs?
  2. Are the potential benefits from the drive worth the time and effort it will require?
  3. Will the drive unreasonably disrupt the regular instructional program?
  4. Do activities related to the fund drive properly consider the health and safety of students?
  5. Will the fund drive be conducted on campus or in the larger community?
  6. Does the fund drive have the general support of those who will be involved (students, staff, and parents?)

 

Citings

Board Policy:

Donated Funds – DFFC

 

Policy Category:

I Instruction

 

Position Responsible:

Chief Financial Officer

 

This Revision Edited by:

Phillip Scrima

 

Department:

Instruction 790-7550

I9600 – Placement of Volunteers

Rule:

The district requires criminal background checks on volunteers, including parents and work study students, who meet one or more of the following criteria:

  1. The volunteer will have unsupervised contact with students;
  2. The volunteer has a regular and ongoing assignment at the school;
  3. The volunteer will be off campus with students in an unsupervised situation, including driving students on field trips;
  4. The volunteer is a mentor to a student or students;
  5. The volunteer is a coach or activity director; or
  6. The volunteer is unknown to the school or department staff.

The principal is responsible for determining an appropriate assignment for a volunteer and may decline to accept someone’s offer to volunteer at their school. The principal shall not assign a non-custodial parent volunteer to his/her child’s classroom without the prior written consent of the custodial parent or a court order.

For volunteer coaches, see requirements and procedures in the Athletic Handbook for High School Coaches.

For all other volunteers, see:

 

Policy Category:

I Instruction

 

Position Responsible:

Communications Director

 

This Revision Edited by:

Barb Bellamy

 

Department:

Instruction 790-7550

I9700 – Student Grades

Rule:

Each elementary and secondary school principal, working in cooperation with students, faculty, administration, and school advisory council shall establish a procedure for evaluating student progress in accordance with Board Policies IK, IA, and IAA. The district will implement state law regarding student grades. Administrative rules will be developed during the 2008-09 school year.

Citings

Board Policy:

Student Evaluation – IK

Philosophy, Goals and Education Requirements – IA

Goals of Education – IAA

 

Policy Category:

I Instruction

 

Position Responsible:

Director of Computing & Information Services

 

This Revision Edited by:

Les Moore

 

Department:

Instruction 790-7550