Oregon Revised Statutes Chapter 343 § 343.326 — Requirements for individualized education program team meetings; required

Requirements for individualized education program team meetings; required documentation; notification to Department of Education; reviews of placement. (1) When a student with a disability is placed on an abbreviated school day program, the provisions of this section apply. (2) For each student with a disability placed on an abbreviated school day program, the school district shall: (a) Prior to each meeting of the student’s individualized education program team, provide the following information in writing to the parent or foster parent of the student in a language and format accessible to the parent or foster parent: (A) The school district’s duty to comply with the requirements of ORS 343.321 to 343.331; (B) The prohibition against a school district unilaterally placing a student with a disability on an abbreviated school day program; (C) The student’s right to have meaningful access to the same number of hours of instruction and educational services as the majority of other students who are in the same grade within the student’s resident school district; and (D) The parent’s or foster parent’s right, at any time, to withdraw consent for an abbreviated school day program placement or to request a meeting of the student’s individualized education program team to discuss whether the student should no longer be placed on an abbreviated school day program. (b) Hold a meeting of the student’s individualized education program team to review the student’s abbreviated school day program as described in paragraph (c) of this subsection. During the school year, a meeting must be held: (A) No fewer than 25 calendar days and no more than 35 calendar days after the initial placement on the abbreviated school day program. (B) No less frequently than once every 30 calendar days, starting after the meeting described in subparagraph (A) of this paragraph, unless the parent or foster parent provides written consent to meet less frequently than once every 30 calendar days. Notwithstanding written consent provided under this subparagraph: (i) In no event may a meeting be held less frequently than: (I) Once every 90 calendar days for a student with an individualized education program, starting after the meeting described in subparagraph (A) of this paragraph; (II) Once every year for a student with a 504 Plan, starting after the meeting described in subparagraph (A) of this paragraph; (III) Once every year for a student who is enrolled in a virtual public charter school that operates in compliance with ORS chapter 338 and who has meaningful access to the same number of hours of instruction and educational services as the majority of other students who are not disabled students and who are in the same grade within the school, starting after the meeting described in subparagraph (A) of this paragraph; (IV) Once every year for a student receiving educational services in a pediatric nursing facility as provided in ORS 343.941, starting after the meeting described in subparagraph (A) of this paragraph; or (V) Once every year for a student who has an illness or sickness that can reasonably be expected to result in death in 12 months or less, starting after the meeting described in subparagraph (A) of this paragraph; and (ii) A meeting must be held within 14 calendar days of a parent or foster parent requesting a meeting. (c) During each meeting of the student’s individualized education program team while the student is placed on the abbreviated school day program: (A) Obtain from the parent or foster parent a signed acknowledgement that the parent or foster parent received the information described in paragraph (a) of this subsection; (B) Review the student’s progress on the abbreviated school day program; (C) Consider at least one reasonable alternative placement that includes appropriate supports for the student and that could enable the student to have meaningful access to the same number of hours of instruction and educational services that are provided to the majority of other students who are in the same grade within the student’s resident school district; and (D) If the individualized education program team recommends continuing the abbreviated school day placement, consider whether the number of hours of instruction and educational services should be increased. (d) If the parent or foster parent provides informed and written consent to continue an abbreviated school day program placement, include in the student’s individualized education program or 504 Plan a written statement that: (A) Explains the reasons the student was placed on the abbreviated school day program; and (B) Describes in detail other reasonable options that were considered and documents why each option considered was not implemented. (e) At least once every 30 calendar days during the school year, inform the Department of Education about the student’s abbreviated school day program placem