Or. Admin. Code § 581-015-2340

Current through Register Vol. 63, No. 11, November 1, 2024

Section 581-015-2340 - Procedural Rules for Due Process Hearings

(1) Pursuant to an interagency agreement with the Office of Administrative Hearings, the Office of Administrative Hearings will assign administrative law judges to conduct special education due process hearings.

(2) The Department of Justice's model rules for administrative hearings, OAR 137-003-0501 through 137-003-0700, apply to the extent consistent with federal law and these division 15 regulations, except that:

(a) The school district is required to provide any evidence without undue delay to:

(A) A parent, if the parent requests the evidence;

(B) The Department of Education, a court or an entity designated by the department or court, if the department, court or entity requests the evidence; or

(C) A parent, the department, a court or an entity designated by the department or court if the evidence was provided to the school district's attorney and is not subject to attorney-client privilege.

(b) Any evidence provided to a parent, the department, a court or a designated entity of the department or court may be redacted only to the extent necessary to protect personally identifiable information of other students unless disclosure is authorized by law or court order.

(3) The Department's interagency agreement with the Office of Administrative Hearings will identify delegations of authority and the application of the rules in this section.

Or. Admin. Code § 581-015-2340

ODE 2-2003, f. & cert. ef. 3-10-03; Renumbered from 581-015-0097, ODE 10-2007, f. & cert. ef. 4-25-07; ODE 34-2024, amend filed 06/14/2024, effective 6/14/2024

Statutory/Other Authority: ORS 343.041, ORS 343.045, ORS 343.055 & ORS 343.155

Statutes/Other Implemented: ORS 343.055 & ORS 343.155