Oregon School For The Deaf

Link to law: http://arcweb.sos.state.or.us/pages/rules/oars_500/oar_581/581_016.html
Published: 2015

The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

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OREGON DEPARTMENT OF EDUCATION





 

DIVISION 16
OREGON SCHOOL FOR THE DEAF

581-016-0520
Definitions
The following definitions apply to OAR 581-016-0520 through 581-016-0560, unless the context indicates otherwise:
(1) Board: The State Board of Education;
(2) OSD: The Oregon School for the Deaf;
(3) Superintendent: The State Superintendent of Public Instruction.
(4) IEP: An individualized education program as defined in OAR 581-015-0005(8).
Stat. Auth.: ORS 346.010

Stats. Implemented: ORS 346.010

Hist.: 1EB 264, f. & ef. 7-5-77; EB 36-1990, f. & cert. ef. 7-10-90; EB 2-1994, f. & cert. ef. 4-29-94; ODE 12-2009, f. & cert. ef. 12-10-09

General Placement Policy

581-016-0526
General Placement
(1) It is the policy of the State Board of Education (Policy 8100) that any student with a hearing impairment shall be served whenever possible in the student's home community if appropriate. It is the intent that all local agencies having interest in the student collaborate to offer services locally. A referral shall be made to OSD only when local programs are unable to provide a free appropriate public education consistent with the needs of the student as identified in the student's IEP.
(2) A student may be referred to OSD if the student:
(a) Has been determined to be eligible for special education services by the resident district under OAR 581-015-0051;
(b) Is auditorily impaired to the extent that services needed to implement the IEP as described in OAR 581-016-0536(8)(f)(A)–(D) are not available in the local district with regional program support;
(c) Is a legal resident of the State of Oregon;
(d) Regarding consent:
(A) Has the consent of a parent(s), guardian or surrogate if the student is under age 18; or
(B) Has given his or her consent, if over age 18; or
(C) Has the consent of a court-appointed guardian if one is appointed and the student is over age 18; and
(e) Has not completed the school year in which the student turns age 21.
(3) OSD may act as an evaluation and diagnostic center for a student with hearing impairments when requested to do so by the student's resident school district or the student's parents, or when additional assessment information is needed prior to a placement decision.
Stat. Auth.: ORS 346

Stats. Implemented: ORS 346.015

Hist.: 1EB 24-1986, f. & ef. 7-11-86; EB 36-1990, f. & cert. ef. 7-10-90; EB 2-1994, f. & cert. ef. 4-29-94; ODE 12-2009, f. & cert. ef. 12-10-09
581-016-0536
Procedures for Referral and Placement
(1) The resident school district
or the regional program shall contact the director of OSD to request a multidisciplinary
team meeting to determine placement.
(2) The director or designee
of OSD shall send the placement procedure packet to the district contact person
and set a mutually agreed upon date, place and time for a meeting to determine placement.
(3) The district contact person
shall obtain parent consent to send the following records to OSD and shall send
the records for review to the director of OSD at least three working days prior
to the multidisciplinary team meeting:
(a) The current audiological
report (OSD);
(b) The current and previous
medical, behavior, psychological, health immunization, and educational records,
including previous IEPs, multidisciplinary team decisions and eligibility statements;
(c) The current statement of
eligibility;
(d) The current IEP; and
(e) The signed parent consent
for release of information.
(4) If the student is eligible
for special education as a child with an intellectual or developmental disability,
the resident school district shall contact the local mental health program case
manager, who, in consultation with a Children's Services Division caseworker, shall
review the IEP to determine if the student has need for residential care as part
of the education program:
(a) If the student needs residential
care or other support services as part of the education program, but community resources
are not available as documented by the local community mental health program case
manager, the resident school district shall proceed with the placement process;
(b) In cases where the student
does not need residential care as a part of the education program, but needs other
educational services provided by OSD, the resident school district shall proceed
with the placement process.
(5) The resident school district
is responsible for conducting the multidisciplinary team meeting to determine the
student's placement.
(6) Participants in the placement
meeting shall include persons knowledgeable about the student, the meaning of the
evaluation data and placement options. The multidisciplinary team shall consist
of:
(a) The student's parent(s),
guardian, or surrogate if the student is under age 18 or has a court-appointed guardian,
or alternatively the student, if the student is over age 18 and does not have a
court-appointed guardian;
(b) The student, when appropriate;
(c) The resident school district
representative;
(d) The regional program representative
who is knowledgeable about the student's disability;
(e) The director or designee
from OSD who has knowledge about services that can be provided by the special school
and has the authority to commit resources for services;
(f) The local mental health
case manager for students eligible for intellectual or developmental disability
services;
(g) Other representatives from
the student's local placement; and
(h) Other persons with pertinent
information about the student.
(7) The multidisciplinary placement
team shall designate a member to complete the placement form.
(8) When determining placement,
the multidisciplinary team shall:
(a) Base its decision on the
student's current IEP;
(b) Consider documented information
from a variety of sources;
(c) Address the variety of educational
programs and services available to students without disabilities;
(d) Review opportunities to
participate in nonacademic and extracurricular services and activities with students
without disabilities;
(e) Consider any potential harmful
effects on the student or on the quality of services provided to the student;
(f) Consider the following factors:
(A) The services needed to implement
the IEP which may include, but are not limited to, areas such as academics; self-help,
social, interpersonal, independent living; vocational training; and language development;
(B) A learning environment in
which there is ample opportunity for the student to have meaningful communication
with other students and teachers and exposure to cultural factors related to the
student's disability;
(C) The student's need for direct
instruction in an alternative communication system; and
(D) The extent of curriculum
and instructional adaptations needed.
(g) Determine whether the student
needs additional services and specialized educational resources available at OSD
that are not available at the local placement options;
(h) Consider the impact on the
student regarding the length of daily transportation for each placement option considered;
(i) Compare the instructional
time available at local placement options to implement the student's IEP with the
instructional time available at OSD; and
(j) Document the placement options
considered and the rationale for rejection or acceptance.
(9) Within 14 calendar days
of the multidisciplinary team meeting, the resident school district shall submit
the following documents to the Assistant Superintendent for the Office of Student
Learning and Partnerships, Oregon Department of Education:
(a) The eligibility statement;
(b) The placement meeting notes;
(c) The parental consent for
release of information;
(d) A letter of placement recommendation
from the regional program and the resident school district; and
(e) A written statement from
the local community mental health program case manager regarding the availability
of local residential services, when appropriate.
(10) The Assistant Superintendent
for the Oregon Department of Education’s Office of Student Learning and Partnerships
shall send written notification of the multidisciplinary team's placement decision
to the parent(s), guardian or surrogate, the resident school district, the regional
program, and OSD. Placement shall begin after written notification is received by
the parent(s) and the resident school district.
(11) Prior to the student's
enrollment at OSD, the school shall review the student's file to insure that the
documents identified in section (3) of this rule have been received.
Stat. Auth.: ORS 346

Stats. Implemented: ORS 346.015

Hist.: 1EB 24-1986, f. &
ef. 7-11-86; EB 36-1990, f. & cert. ef. 7-10-90; EB 2-1994, f. & cert. ef.
4-29-94; ODE 12-2009, f. & cert. ef. 12-10-09; ODE 12-2011, f. & cert. ef.
10-31-11
581-016-0537
General Obligations
OSD is subject to the rules contained in division 15 of this chapter including, but not limited to, the requirements for identifying and determining eligibility of students with handicapping conditions, development of IEPs, placement of students and the provision of a free, appropriate education.
Stat. Auth.: ORS 346

Stats. Implemented: ORS 346.010

Hist.: EB 37-1990, f. & cert. ef. 7-10-90; ODE 12-2009, f. & cert. ef. 12-10-09
581-016-0538
Resident School District Responsibility
(1) When a student is placed at OSD the student's resident school district remains responsible for assuring that the student receives a free appropriate education in accordance with ORS 343.221, OAR 581-015-0005(20) and 581-015-0061.
(2) A representative of the child's resident school district shall attend the student's IEP meetings while the student is placed at OSD.
(3) In those cases where OSD cannot within the resources allocated provide all of the services required in the child's IEP, the resident district may elect to provide these services if in so doing OSD would become an appropriate placement.
(4) At the time of placement, OSD and the resident district shall determine by written agreement those services for which the resident district shall remain responsible.
Stat. Auth.: ORS 346

Stats. Implemented: ORS 346.015

Hist.: EB 35-1990, f. & cert. ef. 7-10-90; ODE 12-2009, f. & cert. ef. 12-10-09
581-016-0541
Termination of Placement and Revocation of Consent
(1) The student's placement at OSD shall be determined annually by the student's multidisciplinary team and shall be terminated when:
(a) The student has completed the school year in which the student turns age 21;
(b) The student graduates from the program;
(c) A multidisciplinary team, which includes those individuals set forth in OAR 581-016-0536(6), determines that:
(A) An appropriate program can be provided at the local or regional level;
(B) OSD is no longer the appropriate placement for the student; or
(d) It is required as the result of a due process hearings officer or court's decision.
(2) If a parent, guardian or surrogate, student over the age of 18 without a court-appointed guardian, or educational staff question the appropriateness of the student's placement at OSD, the resident school district shall convene a multidisciplinary team with all of the individuals set forth in OAR 581-016-0536(6). The multidisciplinary team shall determine the appropriate placement for the student. This meeting shall occur prior to any change in placement for the student.
Stat. Auth.: ORS 346

Stats. Implemented: ORS 346.015

Hist.: 1EB 24-1986, f. & ef. 7-11-86; EB 30-1988, f. & cert. ef. 7-5-88; EB 36-1990, f. & cert. ef. 7-10-90; EB 2-1994, f. & cert. ef. 4-29-94; ODE 12-2009, f. & cert. ef. 12-10-09
581-016-0560
Placement Appeal Procedures -- OSD
A parent, guardian or surrogate may challenge the child's placement, denial of placement, or transfer in the manner provided in ORS 343.165 to 343.177.
Stat. Auth.: ORS 346

Stats. Implemented: ORS 346.015

Hist.: 1EB 264, f. & ef. 7-5-77; 1EB 19-1979, f. & ef. 11-15-79; 1EB 17-1982, f. & ef. 8-13-82; EB 36-1990, f. & cert. ef. 7-10-90; ODE 12-2009, f. & cert. ef. 12-10-09


Program Standards for the Oregon School for the Deaf

581-016-0700
Goals for Education
To the extent appropriate, each student at the Oregon School for the Deaf shall have the opportunity to function as effectively as possible in six life roles as set forth in OAR 581-022-0201.
Stat. Auth.: ORS 343 & ORS 346

Stats. Implemented: ORS 346.010

Hist.: EB 31-1989, f. & cert. ef. 11-2-89
581-016-0710
High School Requirements for Graduation
In order for a student to graduate from the Oregon School for the Deaf (OSD), he/she must attain a certain number of units, master essential learning skills, meet competencies, and maintain/attain attendance minimums. Three different diplomas/certificates are available, depending on the goals and abilities of each student. A modified diploma or certificate of Individual Educational Program (IEP) completion may be awarded according to OAR 581-022-0415.
(1) To receive a diploma the student must:
(a) Complete 22 units as specified OAR 581-022-0316;
(b) Meet all OSD-required competencies in language, reading, and mathematics; and
(c) Maintain required attendance.
(2) To receive a modified diploma the student must:
(a) Complete 22 units of modified course work as agreed upon in the IEP;
(b) Have satisfactory progress in school; and
(c) Maintain required attendance.
(3) To receive a certificate of IEP completion the student must complete the IEP goals. The certificate may be issued even if the student has not completed 22 units and has not maintained the required days of attendance.
Stat. Auth.: ORS 343 & ORS 346

Stats. Implemented: ORS 346.010

Hist.: EB 31-1989, f. & cert. ef. 11-2-89
581-016-0720
Essential Learning Skills
The Oregon School for the Deaf shall offer a planned program of instruction which ensures the opportunity for students to obtain the essential learning skills identified in the common curriculum goals as set forth by the State Board of Education and in accordance with each learner's intellectual and physical abilities. The school shall:
(1) Establish an individualized instruction/activity program for each child;
(2) Provide for the inclusion of all appropriate learning goals;
(3) Increase the application of all appropriate essential learning skills as students acquire mastery; and
(4) Provide appropriate curricula, instruction, and activities in order for students to make necessary progress toward attainment of the essential learning skills.
Stat. Auth.: ORS 343 & ORS 346

Stats. Implemented: ORS 346.010

Hist.: EB 31-1989, f. & cert. ef. 11-2-89
581-016-0730
Career and Vocational Education
The Oregon School for the Deaf shall provide a continuum of career and technical instructional program to include career awareness, career exploration, career guidance, job sampling, and work experience.
Stat. Auth.: ORS 343 & ORS 346

Stats. Implemented: ORS 346.010

Hist.: EB 31-1989, f. & cert. ef. 11-2-89
581-016-0740
Special Provisions
The Oregon School for the Deaf
shall provide instruction which is uniquely designed for the hearing impaired and
for accompanying handicaps such as vision impairment, autism, intellectual disability,
orthopedic impairment, learning disability, emotional disturbance, and other health
impairments; and for special abilities (i.e., talented and gifted).
Stat. Auth.: ORS 343 & 346

Stats. Implemented: ORS 346.010

Hist.: EB 31-1989, f. &
cert. ef. 11-2-89; ODE 12-2011, f. & cert. ef. 10-31-11
581-016-0750
Curriculum
(1) The Oregon School for the Deaf (OSD) instructional program shall instruct all students in grades K/1-8 in the areas of art, health education, language arts (including reading and writing), mathematics, physical education, science, and social studies (including geography and history). The program shall:
(a) Provide students with the knowledge and skills necessary for successful progress in high schools;
(b) Provide opportunities for high school students to meet requirements for graduation; and
(c) Offer electives at the high school level in vocational education, art, and a foreign language.
(2) In addition to the academic program, OSC shall provide instruction in theses areas:
(a) Compensatory skills such as:
(A) Typing/Keyboarding,
(B) Signing and fingerspelling;
(C) Leadership;
(D) Handwriting; and
(E) Use of auditory, visual, and physical aids.
(b) Self-help and skills of daily living;
(c) Arts, crafts, and hobbies;
(d) Orientation and mobility (for deaf/blind);
(e) Adaptive physical education;
(f) Career, prevocational, and technical skills;
(g) Language/Communication development;
(h) Related services:
(A) Speech pathology and audiology;
(B) Psychological services;
(C) Physical therapy;
(D) Occupational therapy; and
(E) Medical diagnostic services and health care.
Stat. Auth.: ORS 343 & ORS 346

Stats. Implemented: ORS 346.010

Hist.: EB 31-1989, f. & cert. ef. 11-2-89
581-016-0760
Required Days of Instruction
The Oregon School for the Deaf shall provide a program of instructional hours or days equivalent to the requirements for public schools as set forth in OAR Chapter 22.
Stat. Auth.: ORS 343 & ORS 346

Stats. Implemented: ORS 346.010

Hist.: EB 31-1989, f. & cert. ef. 11-2-89
581-016-0770
Equal Educational Opportunities
The Oregon School for the Deaf shall assure equality of opportunity for all students as provided in OAR 581-021-0045 and 581-021-0046, and ORS 359.150.
Stat. Auth.: ORS 343 & ORS 346

Stats. Implemented: ORS 346.010

Hist.: EB 31-1989, f. & cert. ef. 11-2-89
581-016-0780
Personnel
(1) Teachers, specialists, and administrators must hold valid Oregon certificates and be assigned in accordance with the individual certificate, school policies, program goals, and applicable statutes and administrative rules.
(2) Related service providers shall meet state licensure requirements in their fields of specialty.
(3) The Oregon School for the Deaf shall hire staff in compliance with state personnel rules and Department policy.
(4) All staff will be required to meet sign language requirements established in the communication policy.
Stat. Auth.: ORS 343 & ORS 346

Stats. Implemented: ORS 346.010

Hist.: EB 31-1989, f. & cert. ef. 11-2-89
581-016-0790
Daily Class Size
(1) The Oregon School for the Deaf shall maintain class sizes and teacher assignments which promote effective learning consistent with the outcomes expected of each Individualized Educational Program (IEP).
(2) In determining class size, the following shall be considered:
(a) The teacher-student ratio of each class;
(b) The total number of students assigned per teacher;
(c) The severity of students' needs;
(d) The support staff available to each teacher;
(e) The nature of the instructional program in relation to the teacher's professional preparation; and
(f) The appropriateness of instructional facilities and equipment.
Stat. Auth.: ORS 343 & ORS 346

Stats. Implemented: ORS 346.010

Hist.: EB 31-1989, f. & cert. ef. 11-2-89
581-016-0800
Educational Materials
The Oregon School for the Deaf shall provide textbooks and other instructional materials and equipment which contribute to the attainment of general and Individualized Educational Program (IEP) goals and which are appropriate to each child's capabilities.
Stat. Auth.: ORS 343 & ORS 346

Stats. Implemented: ORS 346.010

Hist.: EB 31-1989, f. & cert. ef. 11-2-89
581-016-0810
Individual Student
To ensure each student's educational progress, the Oregon School for the Deaf shall:
(1) Record and maintain records of assessment results, classroom, work, behavior, and other evaluative information for identifying each student's progress and needs related to:
(a) Attainment of general learner goals;
(b) Attainment of Individualized Educational Program (IEP) goals; and
(c) General educational progress in personal, social, and vocational areas.
(2) Adapt instruction and curriculum when the needs, interests, and learning styles of each student indicate an adaptation is needed; and
(3) Report educational progress to parents and students at least annually on:
(a) Attainment of general learner goals;
(b) Attainment of IEP goals; and
(c) General progress in personal, social, vocational, and living skills development, when appropriate.
Stat. Auth.: ORS 343 & ORS 346

Stats. Implemented: ORS 346.010

Hist.: EB 31-1989, f. & cert. ef. 11-2-89
581-016-0820
Instructional Program
To ensure continual improvement of instructional programs, the Oregon School for the Deaf shall review assessment data and other evaluative information to identify levels of performance, to recognize deficiencies and to plan needed improvement. The school shall:
(1) Identify program needs by:
(a) Periodically reviewing assessment results and other evaluative information; and
(b) Conducting program evaluation periodically in all curriculum areas stated in OAR 581-016-0603.
(2) Implement program improvements as identified;
(3) Provide appropriate staff-related development activities;
(4) Report results of information stated above to the Department of Education; and
(5) Provide a media program to enhance each student's instructional program that:
(a) Is coordinated to support the general goals of the school and Individualized Educational Programs;
(b) Has appropriate facilities, materials, and equipment which support program goals; and
(c) Is developed, implemented, coordinated, and maintained by personnel provided for that purpose.
Stat. Auth.: ORS 343 & ORS 346

Stats. Implemented: ORS 346.010

Hist.: EB 31-1989, f. & cert. ef. 11-2-89
581-016-0830
Related and Support Services
The Oregon School for the Deaf shall provide those related services which may be specified in a student's Individualized Educational Program (IEP) in order for him/her to have access to educational program; i.e., such services as:
(1) Speech pathology and audiology;
(2) Psychological services;
(3) Physical therapy;
(4) Occupational therapy;
(5) Medical diagnostic services and specific health care; and
(6) Counseling and guidance.
Stat. Auth.: ORS 343 & ORS 346

Stats. Implemented: ORS 346.010

Hist.: EB 31-1989, f. & cert. ef. 11-2-89
581-016-0840
Emergency Plans and Safety Programs
The Oregon School for the Deaf shall maintain a comprehensive safety program for all employees and students as set forth in OAR 581-022-0706 and 581-022-0707.
Stat. Auth.: ORS 343 & ORS 346

Stats. Implemented: ORS 346.010

Hist.: EB 31-1989, f. & cert. ef. 11-2-89
581-016-0850
Operating Policies and Procedures
The Oregon School for the Deaf shall:
(1) Keep copies of operating policies, procedures, and rules adopted pursuant to ORS 332.107, and shall make such information available upon request:
(2) Use a process of management planning in the areas of staffing, instruction, and facility maintenance and construction;
(3) Maintain and make available upon request evidence of compliance with these standards; and
(4) Review and evaluate current policies and practices periodically in order to gain/maintain school accreditation.
Stat. Auth.: ORS 343 & ORS 346

Stats. Implemented: ORS 346.010

Hist.: EB 31-1989, f. & cert. ef. 11-2-89
581-016-0860
Records and Reports
A student record policy will be maintained by the Oregon School for the Deaf consistent with that set forth in OAR 581-022-0717.
Stat. Auth.: ORS 343 & ORS 346

Stats. Implemented: ORS 346.010

Hist.: EB 31-1989, f. & cert. ef. 11-2-89
581-016-0870
Support Services
(1) Pupil transportation services: The Oregon School for the Deaf shall cooperate with local school districts in accordance with local school district responsibilities under ORS 343.283. Transportation shall be provided in accordance with ORS 346.042 and 346.045.
(2) Food Services: The Oregon School for the Deaf shall provide meals which are nutritious and take into account particular preparation and content which are consistent with the needs of students enrolled.
(3) Maintenance and custodial services: The Oregon School for the Deaf shall maintain buildings and grounds to provide conditions conductive to the health and safety of students, employees, and the general public.
(4) Facilities: The Oregon School for the deaf shall provide physical facilities which are appropriate to the instructional/activity program and which provide barrier-free access to all students and employees.
(5) Equipment and materials: The Oregon School for the Deaf shall provide furniture, equipment, and materials which support the general and child-specific goals of the school.
(6) Residential services: The Oregon School for the Deaf shall:
(a) Provide care, training, and assessments in the areas of living skills, play and recreational skills, social skills, and behavior management for all residential students, in a safe, clean living and learning environment;
(b) Instruct students in the planned Individualized Educational Program (IEP) assigned by the multidisciplinary team;
(c) Provide all students with social and recreational opportunities to meet the lease restrictive environment guidelines as stated in PL 94-142;
(d) Maintain a consistent 24-hour (school week) program for all residential students, that supports and is coordinated with the in-class educational program;
(e) Provide parents with written student development progress reports periodically.
(7) Parent liaison services: The Oregon School for the Deaf shall provide for the liaison between the school and parents and other related agencies to assure:
(a) Appropriate communication;
(b) Advocacy for the students; and
(c) Involvement of the family in the educational process.
Stat. Auth.: ORS 343 & ORS 346

Stats. Implemented: ORS 346.010

Hist.: EB 31-1989, f. & cert. ef. 11-2-89
581-016-0880
Statewide Educational Resource
The Oregon School for the Deaf may extend its services to other hearing impaired children and the general public by:
(1) Conducting student assessments at the request of the local school district or regional program;
(2) Providing summer enrichment experiences;
(3) Providing consultative services to families and local school district and regional personnel and
(4) Providing information to the general public regarding the education of the hearing impaired.
Stat. Auth.: ORS 343 & ORS 346

Stats. Implemented: ORS 346.010

Hist.: EB 31-1989, f. & cert. ef. 11-2-89

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