OAR Resources

Oregon Administrative Rules (OAR) for Special Education

Administrative rules for special education provide a framework to ensure that children with disabilities receive appropriate educational services. Here’s a simplified explanation for parents:

1. Identification and Evaluation:
- Child Find: Schools must identify, locate, and evaluate all children with disabilities to determine their need for special education.
- Evaluation: If a disability is suspected, the school conducts a comprehensive evaluation to understand the child's educational needs. This typically includes academic, psychological, and behavioral assessments.

2. Individualized Education Program (IEP):
- Development:An IEP is a written plan developed by a team, including parents, teachers, and specialists, that outlines the child's learning needs and the specific services the school will provide.
- Components: The IEP includes the child’s present level of performance, specific goals, special education services, accommodations, and how progress will be measured.

3. Free Appropriate Public Education (FAPE):
- Rights: Children with disabilities are entitled to receive a free and appropriate education tailored to their individual needs at no cost to the parents.

4. Least Restrictive Environment (LRE):
- Inclusion: Children with disabilities should be educated with their non-disabled peers to the maximum extent appropriate. Special classes or separate schooling should only occur when the nature of the disability is such that satisfactory education cannot be achieved in regular classes.

5. Parent Participation:
- Involvement: Parents have the right to participate in all decision-making meetings related to their child’s education, including IEP meetings, evaluations, and placement discussions.
- Consent: Schools must obtain parental consent before conducting evaluations and providing special education services.

6. Procedural Safeguards:
- Rights: Parents have rights to receive prior written notice of decisions, access educational records, and request independent educational evaluations.
- Dispute Resolution: If disagreements arise, parents have the right to mediation, due process hearings, and filing complaints with the state education agency.

7. Transition Services:
- Planning: For students age 16 and older, the IEP must include transition services to prepare for life after high school, such as further education, employment, and independent living skills.

8. Discipline:
- Protections: There are specific rules regarding the discipline of students with disabilities to ensure their rights are protected. For example, if a child is suspended for more than 10 days, the school must hold a meeting to determine if the behavior was a manifestation of the child's disability.

These rules are designed to protect the rights of children with disabilities and ensure they receive an education that is tailored to their individual needs. Parents play a critical role in this process and have many rights to ensure their child’s educational needs are met.