(2) If an eligible post-secondary institution intends to provide special education and related services to an eligible student participating in the Expanded Options Program, the institution shall enter into a written contract with the resident school district of the student. The contract shall include at least the following:

(a) Allowance for the student to remain in the program during the pendency of any special education due process hearing unless the parents or guardians and school district agree otherwise;

(b) Immediate notification to the resident school district if the institution suspects that a student participating in the program may have a disability and requires special education or related services;

(c) Immediate notification to the resident school district if the student who is receiving special education and related services has engaged in conduct that may lead to suspension or expulsion; and

(d) Immediate notification to the resident school district of any complaint made by the parents or guardians of the student regarding the student’s participation in the program at the institution.

(3)(a) If an eligible post-secondary institution provides special education and related services under a contract with a resident school district, the institution shall comply with standards established by the State Board of Education under this section.

(b) The State Board of Education shall establish standards to be applied to post-secondary institutions that provide special education and related services under a contract with a resident school district. The standards shall include at least the following minimum requirements:

(A) The implementation of special education and related services must be done as described in the eligible student’s individualized education program as defined in ORS 343.035; and

(B) The institution shall maintain the confidentiality of education records in compliance with the federal Family Educational Rights and Privacy Act (20 U.S.C. 1232g). [2005 c.674 §15]