Help Shape Special Education in Oregon

What We’re Doing

We’re updating two important rules that protect disabled adult students and adult students experiencing disabilities and increasing Oregon’s commitment to supported decision-making:

Rule 1: Surrogate Parents (OAR 581-015-2320)

When schools must find a surrogate parent for students
Who can serve as a surrogate parent
Clear protections for students in foster care

Rule 2: Rights Transfer at Age 18 (OAR 581-015-2325)

What happens to special education rights when students turn 18
When adult students might need help making decisions
Supported decision-making options that respect student choice

Why This Matters

For Students: You have the right to make your own educational decisions at the age of 18. These rules ensure you get support that respects your choices.

For Families: Clear guidance on how to support your adult child while respecting their independence and decision-making rights.

For Schools: Better procedures for working with adult students and reduced legal uncertainty.

Timeline & Status

June 2025: Temporary rules adopted
NOW - December 11, 2025: PUBLIC INPUT PERIOD
December 11, 2025: Final State Board vote

How to Participate

Complete Our Rule Language Survey
TAKE THE SURVEY
Deadline: December 1, 2025
Submit Written Comments
Email: StateBoard.PublicEmail@ode.oregon.gov
Subject: Clearly label the subject line as: “Public comment:” followed by the agenda item referred to (e.g., “Public comment: Surrogate Parents and Transfer of Procedural Rights at Age of Majority: OAR 581-015-2320 and OAR 581-015-2325”)
Mail: State Board of Education, 255 Capitol St NE, Salem, OR 97310
Attend Public Meetings
- October 16, 2025: State Board first reading
  - The State Board of Education ultimately votes to adopt rules within the Oregon Department of Education. Learn more about the State Board and their meetings.
  - To watch the meeting, please refer to their streaming website on the day of the meeting.
- November 18, 2025: Oregon Administrative Rule(s) Public Hearing
  - All proposed permanent rules being considered for a vote at the December 11, 2025, State Board of Education meeting will be offered a public hearing in November.
  - To learn more about the public hearing, please visit the State Board of Education Administrative Rules website. Public hearing information should be added about a month prior to that meeting.
- December 11, 2025: Final vote and public comment.

Key Questions for Your Input

Are the rules clear and easy to understand?
Do they protect student rights effectively?
Are there situations we haven’t considered?
How can we make this easier for schools to follow?
What concerns do you have about these changes?

Resources & Document

Full Rule Text

Proposed Rule Language for the State Board of Education’s Consideration
- OAR 581-015-2320: Surrogate Parents
  - Final: This link takes you to a final version of OAR 581-015-2320 if the State Board of Education adopts it as ODE is currently proposing it.
  - Mark-Up: This link takes you to a marked-up version of the temporarily adopted version of OAR 581-015-2320, showing the amendments ODE currently anticipates proposing to the State Board of Education for adoption.
- OAR 581-015-2325: Transfer of Procedural Rights at Age of Majority
  - Final: This link takes you to a final version of OAR 581-015-2325 if the State Board of Education adopts it as ODE is currently proposing it.
  - Mark-Up: This link takes you to a marked-up version of the temporarily adopted version of OAR 581-015-2325, showing the amendments ODE currently anticipates proposing to the State Board of Education for adoption.
Currently Enrolled on Secretary of State Website
- As Temporarily Adopted in June 2025: OAR 581-015-2320: Surrogate Parents
- As Temporarily Adopted in June 2025: OAR 581-015-2325: Transfer of Rights
Prior Permanent Version: These are the versions of these rules that were in effect prior to the June 2025 temporary adoption. If the Board does not adopt permanent rules by December 11, 2025, this is the rule language that would go back into effect on December 12, 2025.

Draft Implementation Resources

Transitioning to Adulthood - Transfer of Rights at Age of Majority: This guide explains the legal transfer of educational rights to students at age 18 and the district’s responsibility to prepare them for this new role.
Surrogate Parent Appointment for Students Lacking Capacity to Provide Informed Consent: This document outlines the process for appointing a surrogate parent when an adult student is determined to lack the capacity for informed educational consent.
Determining Adult Student Capacity Sample Form: This sample form provides a structured process for IEP teams to document the evidence considered when determining a student’s capacity to provide informed consent.
Less Restrictive Alternatives to Guardianship: Educational Decision-Making Guide: This guide helps families and school teams explore a continuum of decision-making supports.
Supported Decision Making: At-A-Glance for Educators: This resource shows educators how to integrate Supported Decision-Making into their practice to build students’ self-determination and prepare them for adulthood.
Supported Decision Making At-A-Glance for Parents: This guide explains Supported Decision-Making to parents, offering practical ways to empower their child to make their own choices with a trusted support network.
Supported Decision Making At-A-Glance for Students: Written for students, this guide explains their right to make their own life decisions with help from a team of supporters that they choose.

Contact & Support

Primary Contact:
Abby Wells, Ed.D.
District Compliance Specialist, Office of Enhancing Student Opportunities
Email: abby.wells@ode.oregon.gov
Phone: 503-689-0977

Who Should Participate?

We want to hear from everyone who cares about disability rights:

Students experiencing disabilities and disabled students (current and former)
Parents and families
Teachers and school staff
Disability advocates, especially self-advocates
Community members
Legal professionals
You!

Your voice matters in creating rules that respect the rights and dignity of all disabled students and students experiencing disabilities.

Questions? Need help participating? Contact us – we’re here to support you.