2007 Oregon Code - Chapter 343 :: Chapter 343 - Special Education Services
Chapter 343 —
Special Education Services
2007 EDITION
SPECIAL EDUCATION SERVICES
EDUCATION AND CULTURE
GENERAL PROVISIONS
343.035Â Â Â Â Definitions
343.041Â Â Â Â Supervision
of programs for children with disabilities by Superintendent of Public
Instruction; rules; complaint procedure; staff training; public agency
cooperative agreements
343.045Â Â Â Â Criteria
for development and operation of special programs; rules
343.055Â Â Â Â Administration
of programs by Superintendent of Public Instruction; rules; powers of board
343.065Â Â Â Â Employment
of personnel to supervise types of services for special programs; duties;
distribution of training materials
343.085Â Â Â Â Tuition
prohibited
SPECIAL EDUCATION PROCEDURES
343.146Â Â Â Â Determination
of eligibility for special education services; evaluation; reevaluation;
medical or vision examination; health assessment
343.151Â Â Â Â Individualized
education program; contents; procedures; review; revision; rules; standard
forms; alternate forms
343.155Â Â Â Â Procedures
to protect rights of child with disability; rules; content of rules
343.157Â Â Â Â Duty
of school districts to identify, locate and evaluate resident children in need
of special education or early intervention
343.159Â Â Â Â Requirements
for written notice to parents of child with disability; contents of notice;
language or mode of communication of parent
343.164Â Â Â Â Parental
consent requirements for preplacement evaluation, placement or re- evaluation;
exceptions
343.165Â Â Â Â Circumstances
requiring hearing; deadline for requesting hearing; rules; expedited hearing;
independent hearing officer
343.167Â Â Â Â Result
of hearing; effect of procedural violations; deadline for decision; cost of
hearing; rules
343.173Â Â Â Â Parental
right to examine district records; independent evaluation; hearing; costs
343.175Â Â Â Â Civil
action following hearing; deadline; attorney fees; limitations; reduction of
fees
343.177Â Â Â Â Educational
placement during administrative or judicial proceedings; circumstances where
placement may be changed
343.181Â Â Â Â Transfer
of special education rights to child with disability upon age of majority;
notice
343.183Â Â Â Â Effect
of school district failure to comply; withholding funds; expense of independent
evaluation
343.193Â Â Â Â Duty
to report child with disability not enrolled in special education program;
effect of report
ADMINISTRATION OF SPECIAL EDUCATION
343.221Â Â Â Â Special
education required; district projected activities and cost statement; permitted
contracts for services
343.223Â Â Â Â Assistive
technology devices or services; rules
343.224Â Â Â Â School
district liability for expense of noneducational care
343.236Â Â Â Â State
reimbursed or operated local, county or regional programs; rules
343.239Â Â Â Â Annual
billing for students served by or enrolled in certain programs; calculation of
amount of billing; notice; payment deadline; distribution of moneys
343.243Â Â Â Â Recovery
of amount from State School Fund for children enrolled in certain programs;
calculation of amount recovered; disposition of amount recovered
343.247Â Â Â Â Special
Education Account
343.261Â Â Â Â Instruction
of certain hospitalized children; rules
343.285Â Â Â Â Use
of state funds to match federal funds
343.287Â Â Â Â State
Advisory Council for Special Education; members; duties; expenses
343.293Â Â Â Â Local
advisory councils on special education; duties
343.295Â Â Â Â Document
of successful completion; summary of performance
TALENTED AND GIFTED CHILDREN
343.391Â Â Â Â Purpose
of ORS 343.391 to 343.413
343.395Â Â Â Â Definitions
for ORS 343.391 to 343.413
343.396Â Â Â Â Nature
of programs
343.397Â Â Â Â Plan
of instruction for talented and gifted children
343.399Â Â Â Â State
aid to local districts; criteria
343.401Â Â Â Â Use
of funds appropriated for ORS 343.391 to 343.413
343.404Â Â Â Â Funding
for program development
343.407Â Â Â Â Identification
of talented and gifted students
343.409Â Â Â Â Talented
and gifted programs required
343.411Â Â Â Â When
identification and programs for certain children required or optional; state
guidelines
343.413Â Â Â Â Short
title
SERVICES TO PRESCHOOL CHILDREN WITH
DISABILITIES
343.455Â Â Â Â Early
childhood special education provided by prekindergartens; service requirement
343.465Â Â Â Â Policy
on services to preschool children with disabilities; agency coordination of
services
Note         Effect
of unavailability of federal funds on programs for preschool children--1993
c.409 §8
343.475Â Â Â Â Program
of early childhood special education and early intervention services; service
areas; primary contractor; voluntary local early childhood system plan;
residency; sanctions
343.485Â Â Â Â Confidentiality
of records; rules
343.495Â Â Â Â Operation
of early childhood special education or early intervention programs by
department
343.499Â Â Â Â State
Interagency Coordinating Council; appointment; member qualifications; duties;
terms; use of federal funds; departmentÂ’s duties; meetings; conflicts
343.507Â Â Â Â Local
early intervention interagency advisory council; members; officers
343.511Â Â Â Â Interagency
agreements to provide services; contents
343.513Â Â Â Â Eligibility
criteria; rules
343.517Â Â Â Â Parent-initiated
referral to determine eligibility
343.521Â Â Â Â Individualized
family service plan; rules; forms
343.523Â Â Â Â Service
coordination requirements for early intervention and early childhood special
education
343.527Â Â Â Â Requirements
for written notice to parents of preschool child with disability; contents of
notice; language or mode of communication of parent
343.531Â Â Â Â Procedural
safeguards; rules
343.533Â Â Â Â Transportation
service to preschool children with disabilities; cost
343.534Â Â Â Â Allocation
of state funds to approved providers
APPROPRIATE LEARNING MEDIA FOR BLIND STUDENTS
(BRAILLE)
343.565Â Â Â Â Definitions
for ORS 343.565 to 343.595
343.575Â Â Â Â Proficiency
in reading and writing for blind student; use of Braille
343.585Â Â Â Â Instruction
in Braille; individualized education program requirements
343.595Â Â Â Â Requirement
that textbook publishers supply material in format from which Braille version
can be produced
343.600Â Â Â Â State
policy encouraging use of Braille
DISADVANTAGED CHILDREN
343.650Â Â Â Â Definitions
for ORS 343.650 to 343.680
343.660Â Â Â Â Facilities
and services for disadvantaged children
343.670Â Â Â Â Advance
payment to districts
343.680Â Â Â Â Advance
payments and reimbursements to districts of at least 40,000 for operation and
construction costs
MIGRANT CHILDREN
343.810Â Â Â Â Definitions
for ORS 343.810 to 343.835
343.830Â Â Â Â Summer
programs for migrant children
343.835Â Â Â Â Reimbursement;
district expenditures not subject to Local Budget Law
MISCELLANEOUS PROVISIONS
343.923Â Â Â Â Department
duties for programs for students with moderate to severe retardation
343.961Â Â Â Â Responsibility
for costs of education of children in long-term care or treatment; district
providing education; notice required before student dismissed from treatment
program
     343.010 [Repealed by 1965 c.100 §456]
     343.020 [Repealed by 1953 c.110 §2]
     343.030 [Repealed by 1953 c.110 §2]
GENERAL
PROVISIONS
     343.035
Definitions. As used in this
chapter unless the context requires otherwise:
     (1) “Child with a disability” means a
school-age child who is entitled to a free appropriate public education as
specified by ORS 339.115 and who requires special education because the child
has been evaluated as having one of the following conditions as defined by
rules established by the State Board of Education: Mental retardation, hearing
impairment including difficulty in hearing and deafness, speech or language
impairment, visual impairment, including blindness, deaf-blindness, emotional
disturbance, orthopedic or other health impairment, autism, traumatic brain
injury or specific learning disabilities.
     (2) “Decision” means the decision of the
hearing officer.
     (3) “Determination” means the
determination by the school district concerning the identification, evaluation
or educational placement of a child with a disability or the provision of a
free appropriate public education to the child in a program paid for by the
district.
     (4) “Developmental delay” means:
     (a) Delay, at a level of functioning and
in accordance with criteria established by rules of the State Board of
Education, in one or more of the following developmental areas: Cognitive
development; physical development, including vision and hearing; communication
development; social or emotional development or adaptive development; or
     (b) A disability, in accordance with
criteria established by rules of the State Board of Education, that can be
expected to continue indefinitely and is likely to cause a substantial delay in
a childÂ’s development and ability to function in society.
     (5) “Early childhood special education”
means free, appropriate, specially designed instruction to meet the unique
needs of a preschool child with a disability, three years of age until the age
of eligibility for kindergarten, where instruction is provided in any of the
following settings: Home, hospitals, institutions, special schools, classrooms,
and community child care or preschool settings, or both.
     (6) “Early intervention services” means
services for preschool children with disabilities from birth until three years
of age that are:
     (a) Designed to meet the developmental
needs of children with disabilities and the needs of the family related to
enhancing the childÂ’s development;
     (b) Selected in collaboration with the
parents; and
     (c) Provided:
     (A) Under public supervision;
     (B) By personnel qualified in accordance
with criteria established by rules of the State Board of Education; and
     (C) In conformity with an individualized
family service plan.
     (7) “Individualized education program”
means a written statement of an educational program for a child with a
disability that is developed, reviewed and revised in a meeting in accordance
with criteria established by rules of the State Board of Education for each child
eligible for special education and related services under this chapter.
     (8) “Individualized family service plan”
means a written plan of early childhood special education, related services,
early intervention services and other services developed in accordance with
criteria established by rules of the State Board of Education for each child
eligible for services under this chapter.
     (9) “Instruction” means providing families
with information and skills that support the achievement of the goals and outcomes
in the childÂ’s individualized family service plan and working with preschool
children with disabilities in one or more of the following developmental areas:
Communication development, social or emotional development, physical
development, including vision and hearing, adaptive development and cognitive
development.
     (10) “Mediation” means a voluntary process
in which an impartial mediator assists and facilitates two or more parties to a
controversy in reaching a mutually acceptable resolution of the controversy and
includes all contacts between a mediator and any party or agent of a party,
until such time as a resolution is agreed to by the parties or the mediation
process is terminated.
     (11) “Order” has the meaning given that
term in ORS chapter 183.
     (12) “Other services” means those services
which may be provided to preschool children with disabilities and to their
families that are not early childhood special education or early intervention
services and are not paid for with early childhood special education or early
intervention funds.
     (13) “Parent” means the parent, person
acting as a parent or a legal guardian, other than a state agency, of the child
or the surrogate parent. “Parent” may be further defined by rules adopted by
the State Board of Education.
     (14) “Preschool child with a disability”
means a child from:
     (a) Birth until three years of age who is
eligible for early intervention services because the child is experiencing
developmental delay or has a diagnosed mental or physical condition that will
result in developmental delay; or
     (b) Three years of age to eligibility for
entry into kindergarten who needs early childhood special education services
because the child is experiencing developmental delay or because the child has
been evaluated as having one of the conditions listed for a school-age child
under subsection (1) of this section.
     (15) “Related services” means
transportation and such developmental, corrective and other supportive services
as are required to assist a child with a disability to benefit from special
education, and includes speech-language and audiology services, interpreting
services, psychological services, physical and occupational therapy, recreation
including therapeutic recreation, social work services, school nurse services
designed to enable a child with a disability to receive a free appropriate
public education as described in the individualized education program of the
child, early identification and assessment of disabilities in children,
counseling services including rehabilitation counseling, orientation and
mobility services, medical services for diagnostic or evaluation purposes and
parent counseling and training. “Related services” does not include a medical
device that is surgically implanted or the replacement of a medical device that
is surgically implanted.
     (16) “School district” means a common or
union high school district or an education service district that is charged
with the duty or contracted with by a public agency to educate children eligible
for special education.
     (17) “Service coordination” means the
activities carried out by a service coordinator to assist and enable a
preschool child with a disability and the childÂ’s family to receive the rights,
procedural safeguards and services that are authorized under the stateÂ’s early
intervention and early childhood special education programs and to coordinate
access to other services designated on the individualized family service plan.
     (18)(a) “Special education” means
specially designed instruction at no cost to the parents, to meet the unique
needs of a child with a disability, including instruction conducted in the
classroom, in the home, in hospitals and institutions and in other settings,
and instruction in physical education.
     (b) “Special education” also includes
speech-language services, transition services or other related services
designated by rule if it consists of specially designed instruction, at no cost
to the parents, to meet the unique needs of a child with a disability.
     (19) “Unaccompanied homeless youth” has
the meaning given that term in the McKinney-Vento Homeless Assistance Act, 42
U.S.C. 11434a(6).
     (20) “Ward of the state” means a child who
is temporarily or permanently in the custody of, or committed to, a public or
private agency through the action of the juvenile court. “Ward of the state”
may be further defined by rules adopted by the State Board of Education. [Formerly
343.212; 1977 c.528 §1; 1983 c.731 §1; 1991 c.749 §§1,1a; 1991 c.795 §1; 1993
c.409 §1; 1993 c.749 §3; 1995 c.280 §29; 1997 c.821 §25; 1999 c.989 §5; 2001
c.900 §242; 2005 c.662 §1; 2007 c.70 §102]
     343.037 [1985 c.555 §14; repealed by 1993 c.749 §4]
     343.040 [Repealed by 1953 c.110 §2]
     343.041
Supervision of programs for children with disabilities by Superintendent of
Public Instruction; rules; complaint procedure; staff training; public agency
cooperative agreements. (1)
Pursuant to rules of the State Board of Education, the Superintendent of Public
Instruction shall be responsible for the general supervision of all special
education programs for children with disabilities, early childhood special
education and early intervention services for preschool children with
disabilities within the state, including all such programs administered by any
state agency or common or union high school district or education service
district.
     (2) All special education programs for
children with disabilities, early childhood special education and early
intervention services for preschool children with disabilities within this
state shall meet the standards and criteria established therefor by the State
Board of Education.
     (3) The State Board of Education shall
adopt by rule procedures whereby the superintendent investigates and resolves
complaints that the Department of Education, a local education agency or an
early intervention or early childhood special education contractor has violated
a federal law or statute that applies to a special education or early childhood
special education program.
     (4) The State Board of Education shall
adopt rules relating to the establishment and maintenance of standards to
ensure that personnel providing special education and early childhood special
education and early intervention services are appropriately and adequately
trained.
     (5) The Governor shall direct that
agencies affected by this section enter into cooperative agreements to achieve
necessary uniformity in meeting the standards and criteria established by the
state board under subsection (2) of this section.
     (6) The Governor shall direct that each
public agency obligated under federal or state law to provide or pay for any
services that are also considered special education or related services
necessary for ensuring a free appropriate public education to children with
disabilities, including but not limited to the Department of Human Services,
enter into cooperative agreements with the Department of Education concerning:
     (a) Allocation among agencies of financial
responsibility for providing services;
     (b) Conditions, terms and procedures for
reimbursement; and
     (c) Policies and procedures for
coordinating timely and appropriate delivery of services.
     (7) All cooperative agreements entered
into under subsections (5) and (6) of this section shall include procedures for
resolving interagency disputes. [1977 c.528 §3; 1989 c.491 §30; 1991 c.749 §2;
1999 c.989 §6; 2005 c.22 §237]
     343.045
Criteria for development and operation of special programs; rules. The State Board of Education shall establish
by rule criteria to guide the development and operation of special programs
authorized by this chapter. The Superintendent of Public Instruction shall
apply these criteria in certifying such programs for reimbursement specifically
provided by law for such programs. The criteria shall be limited to educational
services and educational programs and shall not include treatment. [Formerly
343.235; 1975 c.621 §1; 1977 c.714 §10; 1989 c.491 §31]
     343.050 [Repealed by 1953 c.110 §2]
     343.055
Administration of programs by Superintendent of Public Instruction; rules;
powers of board. (1) The
Superintendent of Public Instruction shall administer all programs established
under this chapter. The State Board of Education, consistent with the
provisions of ORS 342.120 to 342.430, shall adopt rules relating to
qualifications of teachers, supervisors, work experience coordinators,
coordinators of volunteer services and trainers of volunteer personnel, courses
of study, admission, eligibility of children, size of special facilities, rooms
and equipment, supervision, territory to be served, and such other rules as the
board considers necessary to administer this chapter.
     (2) Out of such funds as may otherwise be
appropriated for the purposes enumerated in this section, the State Board of
Education may:
     (a) Purchase and prepare equipment and
supplies to be loaned to school districts and county or regional special
education facilities which provide approved programs for children with
disabilities in the public schools.
     (b) Contract with and pay an educational
institution, either within or without the state, for the purpose of providing
educational services for children who are both deaf and blind.
     (c) Purchase and prepare equipment and
supplies to be loaned to early childhood special education and early intervention
contractors that provide approved programs for preschool children with
disabilities. [Formerly 343.500; 1967 c.329 §1; 1975 c.621 §2; 1989 c.491 §32;
1991 c.749 §3; 1993 c.45 §199]
     343.060 [Repealed by 1953 c.110 §2]
     343.065
Employment of personnel to supervise types of services for special programs;
duties; distribution of training materials. (1) The Superintendent of Public Instruction shall employ personnel
qualified by training and experience to supervise the types of services
required by the special programs authorized by this chapter. Personnel so
employed shall assist the school districts, county and regional facilities,
early childhood special education programs, early intervention services and
hospitals in the organization and development of special programs authorized by
this chapter, shall have general supervision of such programs, and shall assist
school districts, early childhood special education and early intervention
contractors in obtaining required services, equipment and materials,
particularly where the number of children is too small to justify district or
contractor purchase of equipment and materials.
     (2) The Department of Education shall
distribute to all school districts administrative guidelines, technical
assistance materials, practice guidance materials and other training materials
it develops for the purpose of assisting school districts and education service
districts in complying with the provisions of this chapter and with rules
adopted by the department under this chapter.
     (3) Upon receipt of any materials
described in subsection (2) of this section, a school district or education
service district shall distribute copies of the materials to all instructional
staff. [Formerly 343.255; 1991 c.749 §4; 1999 c.639 §2]
     343.070 [Repealed by 1953 c.110 §2]
     343.075 [1965 c.100 §393; 1973 c.728 §5; repealed by
1975 c.621 §17]
     343.077 [1975 c.621 §§12,13; 1977 c.530 §1; repealed
by 1979 c.423 §1 (343.153 to 343.187 enacted in lieu of 343.077)]
     343.080 [Repealed by 1953 c.110 §2]
     343.085
Tuition prohibited. No
tuition shall be charged to any resident student participating in any special
program authorized by this chapter. [1965 c.100 §394; 1993 c.45 §200]
     343.090 [Repealed by 1965 c.100 §456]
     343.095 [1993 c.409 §3; renumbered 343.523 in 1999]
     343.100 [Repealed by 1965 c.100 §456]
     343.110 [Repealed by 1965 c.100 §456]
     343.120 [Repealed by 1965 c.100 §456]
     343.125 [1973 c.730 §2; 1981 c.878 §1; 1991 c.346 §1;
1993 c.45 §202; renumbered 329.255 in 1993]
     343.130 [Amended by 1957 c.232 §1; renumbered
343.910]
     343.135 [1973 c.730 §3; 1981 c.878 §2; 1991 c.346 §2;
renumbered 329.265 in 1993]
    Â
     343.140 [Repealed by 1965 c.100 §456]
     343.145 [1973 c.730 §4; renumbered 329.275 in 1993]
SPECIAL
EDUCATION PROCEDURES
     343.146
Determination of eligibility for special education services; evaluation;
reevaluation; medical or vision examination; health assessment. (1) To receive special education, children
with disabilities shall be determined eligible for special education services
under a school district program approved under ORS 343.045 and as provided
under ORS 343.221.
     (2) Before initially providing special
education, the school district shall ensure that a full and individual
evaluation is conducted to determine the childÂ’s eligibility for special
education and the childÂ’s special educational needs.
     (3) Eligibility for special education
shall be determined pursuant to rules adopted by the State Board of Education.
     (4) Each school district shall conduct a
reevaluation of each child with a disability in accordance with rules adopted
by the State Board of Education.
     (5) If a medical or vision examination or
health assessment is required as part of an initial evaluation or reevaluation,
the evaluation shall be given:
     (a) In the case of a medical examination,
by a physician licensed to practice by a state board of medical examiners or a
state medical board;
     (b) In the case of a health assessment, by
a nurse licensed by a state board of nursing and specially certified as a nurse
practitioner or by a licensed physician assistant; and
     (c) In the case of a vision examination,
by an ophthalmologist or optometrist licensed by a state board. [1999 c.989 §12;
2005 c.662 §2; 2007 c.86 §4]
     343.149 [1999 c.989 §22; repealed by 2005 c.209 §41
and 2005 c.662 §17]
     343.150 [Repealed by 1965 c.100 §456]
     343.151
Individualized education program; contents; procedures; review; revision;
rules; standard forms; alternate forms. (1) School districts shall ensure that an individualized education
program is developed, reviewed and revised for each child with a disability, as
defined in ORS 343.035, pursuant to the rules of the State Board of Education.
     (2) The State Board of Education shall
establish by rule the contents of an individualized education program,
including transition services, and the procedures for the development, review
and revision of an individualized education program. The board shall also adopt
by rule standard forms for use in developing an individualized education
program.
     (3) Each school district shall use the
individualized education program forms established by rule under subsection (2)
of this section in the development, review and revision of all individualized
education programs.
     (4) Notwithstanding subsection (3) of this
section, a school district may use alternate forms in the development, review
and revision of an individualized education program if the school district
submits the form to the Department of Education and the department approves the
use of the alternate form.
     (5) In considering whether to approve an
alternate form under subsection (4) of this section, the department shall
consider whether the form meets the requirements for the contents of an
individualized education program adopted under subsection (2) of this section
and whether the form satisfies the intent of subsection (4) of this section to
reduce unnecessary or confusing paperwork. The department shall approve or
disapprove an alternate form submitted under subsection (4) of this section
within 10 days of receiving the alternate form. [1999 c.639 §4; 2005 c.662 §3]
     343.153 [1979 c.423 §2 (enacted in lieu of 343.077);
1985 c.555 §11; 1989 c.491 §33; 1991 c.795 §2; repealed by 1993 c.45 §203]
     343.155
Procedures to protect rights of child with disability; rules; content of rules. The State Board of Education shall establish
by rule procedures to protect the rights of every child with a disability who
is eligible for special education and every child who there is a reasonable
cause to believe has a disability, including:
     (1) Rules providing for the participation
of the parents of a child with a disability in meetings regarding the childÂ’s
identification, evaluation, individualized education program, educational
placement and the provision of a free appropriate public education to the
child.
     (2) Rules governing the procedures for the
appointment of a surrogate for the parent and other rules necessary to protect
the special educational rights of the child, which shall include, but need not
be limited to, rules applicable whenever:
     (a) No parent of the child can be
identified or located after reasonable efforts;
     (b) There is reasonable cause to believe
that the child has a disability and is a ward of the state;
     (c) The child is an unaccompanied homeless
youth; or
     (d) The child reaches the age of majority
and has been determined not to have the ability to give informed consent
regarding the childÂ’s education.
     (3) Rules prescribing mediation
procedures, resolution sessions and hearings procedures if identification,
evaluation, individual education program or placement is contested.
     (4) Rules prescribing when notice of
procedural safeguards must be given to the parents or the child with a
disability who has reached the age of majority, the content of the notice and
the language of the notice.
     (5) Rules prescribing standards and
procedures for disciplinary actions for behavior or misconduct of a child with
a disability.
     (6) Other procedural safeguards as
required by law. [1979 c.423 §3 (enacted in lieu of 343.077); 1989 c.491 §34;
1991 c.795 §3; 1999 c.989 §10; 2005 c.662 §4; 2007 c.70 §103]
     343.157
Duty of school districts to identify, locate and evaluate resident children in
need of special education or early intervention. Pursuant to rules of the State Board of
Education, school districts shall identify, locate and evaluate all resident
children who may have disabilities and be in need of special education, early
childhood special education or early intervention. [1979 c.423 §4 (enacted in
lieu of 343.077); 1991 c.749 §5; 1993 c.749 §5]
     343.159
Requirements for written notice to parents of child with disability; contents
of notice; language or mode of communication of parent. (1) A school district shall give written
notice to the parents of a child with a disability a reasonable time before the
school district:
     (a) Proposes to initiate or change the
identification, evaluation or educational placement of the child or the
provision of a free appropriate public education to the child; or
     (b) Refuses to initiate or change the
identification, evaluation or educational placement of the child or the
provision of a free appropriate public education to the child.
     (2) The written notice must comply with
the rules prescribed by the State Board of Education.
     (3) The written notice required under
subsection (1) of this section shall be:
     (a) Written in language understandable to
the general public; and
     (b) Provided in the native language of the
parent or other mode of communication used by the parent, unless it is clearly
not feasible to do so.
     (4) If the native language or other mode
of communication of the parent is not a written language, the school district
shall take steps to ensure:
     (a) That the notice is translated orally
or by other means to the parent in the parentÂ’s native language or other mode
of communication;
     (b) That the parent understands the
content of the notice; and
     (c) That there is written evidence that
the requirements of this subsection have been met. [1999 c.989 §15]
     343.160 [Repealed by 1965 c.100 §456]
     343.163 [1979 c.423 §5 (enacted in lieu of 343.077);
1991 c.795 §4; repealed by 1993 c.749 §6 (343.164 enacted in lieu of 343.163)]
     343.164
Parental consent requirements for preplacement evaluation, placement or reevaluation;
exceptions. (1) A school
district shall obtain informed written parental consent before the school
district conducts a preplacement evaluation and before a child with a
disability is initially placed in a program providing special education and
related services.
     (2) A school district shall obtain
informed written parental consent before the school district conducts a
reevaluation of a child with a disability.
     (3) Notwithstanding subsection (2) of this
section, written parental consent need not be obtained if the school district
can demonstrate that it has taken reasonable measures to obtain consent and
that the childÂ’s parent has failed to respond.
     (4) The school district shall follow
procedures prescribed in rules of the State Board of Education when necessary
consent is not obtained. [1993 c.749 §7 (enacted in lieu of 343.163); 1999
c.989 §13]
     343.165
Circumstances requiring hearing; deadline for requesting hearing; rules;
expedited hearing; independent hearing officer. (1) A hearing shall be conducted pursuant to
rules of the State Board of Education if:
     (a) The parent requests a hearing to
contest the determination of the school district concerning the identification,
evaluation, individualized education program, educational placement or the
provision of a free appropriate public education to the child; or
     (b) The school district requests a hearing
to obtain a decision regarding whether its identification, evaluation,
individualized education program or educational placement of the child is
appropriate or whether the districtÂ’s proposed action is necessary to provide
the child with a free appropriate public education.
     (2) Notwithstanding subsection (1)(b) of
this section, a school district may not request a hearing if a parent refuses consent
for placement in a program providing special education and related services.
     (3)(a) Except as provided in paragraph (b)
of this subsection, a hearing described in subsection (1) of this section must
be requested within two years after the date of the act or omission that gives
rise to the right to request a hearing under subsection (1) of this section.
     (b) The timeline described in paragraph
(a) of this subsection does not apply to a parent if the parent was prevented
from requesting the hearing due to:
     (A) Specific misrepresentations by the
school district that it had resolved the problem forming the basis of the
complaint; or
     (B) The school district withholding from
the parent information that the district was required to provide under this
chapter.
     (4) The State Board of Education shall
adopt rules that establish when a school district is obligated to initiate a
contested case hearing to ensure that a student with a disability is provided
with a free appropriate public education.
     (5) The board’s rules in subsection (1) of
this section shall be as consistent as possible with the procedures applicable
to a contested case under ORS chapter 183. However, the boardÂ’s rules shall
provide that:
     (a) Any party to a hearing has the right
to prohibit the introduction of any evidence that has not been disclosed to
that party at least five business days before the hearing; and
     (b) The hearing officer may prohibit the
introduction of any evidence regarding evaluations and recommendations based on
those evaluations that a party intends to use at the hearing, if the evidence
has not been disclosed to the other party at least five business days before
the hearing, unless the other party consents to the introduction of the
evidence.
     (6) Notwithstanding subsection (5) of this
section, in an expedited hearing the evidence must be disclosed to the other
party not later than two business days before the hearing.
     (7) The parent shall be entitled to have
the child who is the subject of the hearing present at the hearing and to have
the hearing open to the public.
     (8) An expedited hearing shall be held if:
     (a) In a dispute over a disciplinary
action for a child with a disability, the childÂ’s parent disagrees with a
determination that the childÂ’s behavior was not a manifestation of the childÂ’s
disability or with any decision regarding the childÂ’s educational placement; or
     (b) The school district believes that
maintaining the current placement for the child is substantially likely to
result in injury to the child or others.
     (9) The hearing shall be conducted by an
independent hearing officer appointed by the Superintendent of Public
Instruction. The hearing officer:
     (a) Shall not be:
     (A) An employee of a school district
involved in the education or care of the child;
     (B) An employee of the Department of
Education; or
     (C) A person having any personal or
professional interest that would conflict with the personÂ’s objectivity in the
hearing.
     (b) Shall possess:
     (A) Knowledge of, and the ability to
understand, the provisions of state and federal special education laws,
regulations and legal interpretations by federal and state courts;
     (B) The knowledge and ability to conduct
hearings in accordance with appropriate standard legal practice; and
     (C) The knowledge and ability to render
and write decisions in accordance with standard legal practice. [1979 c.423 §6
(enacted in lieu of 343.077); 1989 c.252 §1; 1989 c.491 §35; 1991 c.795 §5;
1993 c.45 §206; 1993 c.749 §8; 1999 c.989 §16; 2001 c.483 §1; 2005 c.662 §5;
2007 c.70 §104]
     343.167
Result of hearing; effect of procedural violations; deadline for decision; cost
of hearing; rules. (1) If
the finding at the hearing held under ORS 343.165 is that the identification,
evaluation and educational placement by the district are appropriate and that
the child is being provided a free appropriate public education, the hearing
officer shall decide in support of the determination of the district.
     (2) If the finding at the hearing is that
the identification, evaluation or educational placement is not appropriate or
that the child is not being provided a free appropriate public education, the
hearing officer shall grant appropriate relief within the hearing officerÂ’s
scope of authority.
     (3) In matters alleging a procedural
violation, a hearing officer may find that a child did not receive a free
appropriate public education only if the procedural inadequacies:
     (a) Impeded the child’s right to a free
appropriate public education;
     (b) Significantly impeded the parents’
opportunity to participate in the decision-making process regarding the
provision of a free appropriate public education to the child; or
     (c) Caused a deprivation of educational
benefits.
     (4) Nothing in subsection (3) of this
section shall be construed to preclude a hearing officer from ordering a school
district to comply with procedural requirements.
     (5) The decision shall be entered not
later than 45 days after the request for hearing is filed unless an extension
has been granted by the hearing officer at the request of the parent or the
school district. Copies of the decision shall be sent to the parent and to the
school district accompanied by a statement describing the method of appealing
the decision.
     (6) In expedited hearings conducted
pursuant to ORS 343.165 (8), the State Board of Education shall adopt rules
that require a hearing within 20 school days of the date the hearing is
requested and a determination within 10 school days after the hearing.
     (7) Pursuant to rules of the State Board
of Education, the Superintendent of Public Instruction shall bill the school
district for all reasonable costs connected with the appointment of an
independent hearing officer and the conduct of a due process hearing. The
district shall make payment to the Department of Education for the cost of the
hearing within 30 days of receipt of the billing. [1979 c.423 §7 (enacted in
lieu of 343.077); 1989 c.252 §2; 1991 c.795 §6; 1993 c.749 §9; 1999 c.989 §17;
2001 c.483 §2; 2005 c.662 §6]
     343.170 [Repealed by 1965 c.100 §456]
     343.173
Parental right to examine district records; independent evaluation; hearing;
costs. (1) Notwithstanding
the limitation on access to records under ORS 192.410 to 192.505, 326.565,
326.575 and 336.187, the parent is entitled at any reasonable time to examine
all of the records of the school district pertaining to the identification,
evaluation and educational placement of the child and the provision of a free
appropriate public education to the child.
     (2) Any parent is entitled to obtain an
independent evaluation at the expense of the school district if the parent
disagrees with an evaluation obtained by the district.
     (3) If the school district disagrees with
the parentÂ’s request for an independent educational evaluation, the district
may initiate a hearing under ORS 343.165 to show that the districtÂ’s evaluation
is appropriate. If the final decision is that the districtÂ’s evaluation is
appropriate, the parent has the right to an independent educational evaluation,
but not at the districtÂ’s expense.
     (4) If the parent requests an independent
educational evaluation of the child, the school district shall provide
information about where an independent educational evaluation may be obtained.
     (5) If a hearing officer appointed under
ORS 343.165 requests an independent educational evaluation as part of a
hearing, the school district shall pay the cost of the evaluation.
     (6) For purposes of this section, “independent
educational evaluation” means an evaluation conducted by a qualified examiner
who is not employed by the school district responsible for the child in
question. [1979 c.423 §8 (enacted in lieu of 343.077); 1989 c.252 §3; 1989
c.491 §36; 1993 c.45 §207; 1999 c.989 §18]
     343.175
Civil action following hearing; deadline; attorney fees; limitations; reduction
of fees. (1) A decision
under ORS 343.165 is final unless the parent or the school district files a
civil action under subsection (2) of this section.
     (2) Either party aggrieved by the finding
and decision of the hearing officer may commence a civil action in any court of
competent jurisdiction.
     (3) In any action brought under this
section, the court shall receive the records from the administrative
proceeding, shall hear additional evidence at the request of a party and,
basing its decision on the preponderance of the evidence, shall grant such
relief as the court determines is appropriate.
     (4) Any civil action brought under this
section shall be commenced within 90 days of the date of the hearing officerÂ’s
final order.
     (5) In any action or proceeding brought
under ORS 343.165 or in an appeal from any action or proceeding brought under
ORS 343.165, the court, in its discretion, may award reasonable attorney fees
as part of costs to:
     (a) The parents of a child with a
disability, if the parents are the prevailing party;
     (b) A prevailing party who is the
Department of Education or school district against the attorney of a parent who
files a complaint or subsequent cause of action that is frivolous, unreasonable
or without foundation, or against the attorney of a parent who continued to
litigate after the litigation clearly became frivolous, unreasonable or without
foundation; or
     (c) A prevailing party who is the
Department of Education or a school district against the attorney of a parent,
or against the parent, if the parentÂ’s complaint or subsequent cause of action
was presented for any improper purpose, such as to harass, to cause unnecessary
delay or to needlessly increase the cost of litigation.
     (6) Attorney fees awarded under this
section shall be based on rates prevailing in the community in which the action
or proceeding arose for the kind and quality of services furnished. No bonus or
multiplier may be used in calculating these fees.
     (7) Attorney fees may not be awarded and
related costs may not be reimbursed under this section for services performed
after a written offer of settlement to a parent if:
     (a) The offer is made within the time
prescribed by Rule 68 of the Federal Rules of Civil Procedure, or in case of an
administrative hearing, more than 10 days before the hearing begins;
     (b) The offer is not accepted within 10
days; and
     (c) The relief finally obtained by the
parents is not more favorable to the parents than the offer of settlement.
     (8) Notwithstanding subsection (7) of this
section, attorney fees and related costs may be awarded to a parent who is the
prevailing party and who was substantially justified in rejecting the
settlement offer.
     (9) Attorney fees may not be awarded
relating to any meeting of the individualized education program team unless the
meeting is convened as a result of an administrative proceeding under ORS
343.165, or as a result of judicial action. A resolution session is not
considered a meeting convened as a result of an administrative hearing or judicial
action, or an administrative hearing or judicial action.
     (10) Attorney fees may not be awarded for
a mediation that is conducted before a request for a hearing under ORS 343.165.
     (11) The court shall reduce the amount of
attorney fees awarded under this section if:
     (a) The parent unreasonably protracted the
final resolution of the controversy;
     (b) The amount of the attorney fees
unreasonably exceeds the hourly rate prevailing in the community for similar
services by attorneys of reasonably comparable skill, reputation and
experience;
     (c) The time spent and legal services
furnished were excessive considering the nature of the action or proceeding; or
     (d) In requesting a hearing under ORS
343.165 (1)(a), the attorney representing the parent did not provide written
notice to the Superintendent of Public Instruction that included:
     (A) The child’s name, address and school;
     (B) A description of the problem and facts
relating to the problem; and
     (C) A proposed resolution of the problem.
     (12) The court shall not reduce fees under
subsection (11) of this section if:
     (a) The school district unreasonably
protracted the final resolution of the controversy; or
     (b) The school district violated the
procedural safeguards as set forth in ORS 343.146 to 343.183. [1979 c.423 §9
(enacted in lieu of 343.077); 1983 c.731 §9; 1989 c.252 §4; 1993 c.45 §208;
1993 c.749 §12; 1999 c.989 §19; 2001 c.104 §116; 2005 c.662 §7]
     343.177
Educational placement during administrative or judicial proceedings;
circumstances where placement may be changed. (1) During the pendency of any administrative or judicial proceedings
concerning the identification, evaluation or educational placement of the child
or the provision of a free appropriate public education to the child, the child
shall remain in the then current educational program placement.
     (2) Notwithstanding subsection (1) of this
section, the placement of a child may be changed if:
     (a) The parent consents to placement in a
program provided or selected by the district at the districtÂ’s expense until
the proceedings referred to in subsection (1) of this section are completed if
applying for initial admission to a public school;
     (b) The parent and the school district
agree to temporary placement in some other program;
     (c) The school district orders a change in
placement to an appropriate interim alternative educational setting for up to
45 school days without regard to whether the behavior is determined to be a
manifestation of the childÂ’s disability:
     (A) Due to a weapon, illegal drug or
controlled substance incident; or
     (B) Because the child has inflicted
serious bodily injury upon another person while at school, on school premises
or at a school function under the jurisdiction of the Department of Education
or school district;
     (d) A hearing officer orders a change in
placement to an appropriate interim alternative educational setting for up to
45 school days due to the substantial likelihood of injurious behavior,
pursuant to rules of the State Board of Education; or
     (e) School personnel order a change in
placement to an interim alternative educational setting for more than 10 school
days for a child with a disability who violates a code of student conduct and
the behavior that gave rise to the violation is determined not to be a
manifestation of the childÂ’s disability.
     (3) If the placement of a child with a
disability is changed under subsection (2)(e) of this section:
     (a) The relevant disciplinary procedures
applicable to children without disabilities may be applied to the child in the
same manner and for the same duration as the disciplinary procedures would be
applied to children without disabilities;
     (b) The child continues to be entitled to
a free appropriate public education under ORS 339.252, although the education may
be provided in an interim alternative educational setting; and
     (c) The child shall remain in the interim
alternative educational setting pending the decision of a hearing officer or
until the expiration of the school districtÂ’s determination of duration of the
change in placement under paragraph (a) of this subsection, whichever occurs
first.
     (4) For the purposes of subsection (2)(b)
of this section, a decision of a hearing officer under ORS 343.165 that agrees
with the childÂ’s parents that a change of placement is appropriate shall be
treated as an agreement between the school district and the parents. [1979
c.423 §10 (enacted in lieu of 343.077); 1991 c.795 §7; 1993 c.749 §13; 1995
c.237 §1; 1999 c.989 §20; 2005 c.662 §8]
     343.180 [Repealed by 1965 c.100 §456]
     343.181
Transfer of special education rights to child with disability upon age of
majority; notice. When a
child with a disability reaches the age of majority as described in ORS 109.510
or 109.520 or is emancipated pursuant to ORS 419B.550 to 419B.558:
     (1) The rights accorded to the child’s
parents under this chapter transfer to the child;
     (2) The school district shall provide any
written notice required to both the child and the parents; and
     (3) The school district shall notify the
child and the parents of the transfer of rights. [1999 c.989 §9]
     343.183
Effect of school district failure to comply; withholding funds; expense of
independent evaluation. (1)
In addition to and not in lieu of any other sanction that may be imposed
against a noncomplying school district, the Superintendent of Public
Instruction may withhold all or any part of the funds otherwise due a district
for special education until the district complies with the requirements of ORS
343.146 to 343.183.
     (2) If the Superintendent of Public
Instruction finds that the school district has refused to pay for the
independent evaluation when the results thereof required the determination of
the school district to be revised significantly, the superintendent may
withhold from funds due the district for special education an amount not to
exceed the expense incurred by the parent in obtaining the independent
evaluation. The superintendent shall use the funds thus withheld for payment of
the costs of the independent evaluation. [1979 c.423 §11 (enacted in lieu of
343.077); 1989 c.491 §37]
     343.185 [1979 c.423 §12 (enacted in lieu of
343.077); 1983 c.294 §1; 1989 c.158 §1; repealed by 1991 c.795 §15]
     343.187 [1979 c.423 §14 (enacted in lieu of
343.077); 1989 c.491 §38; 1991 c.795 §8; renumbered 339.623 in 1991]
     343.190 [Repealed by 1965 c.100 §456]
     343.193
Duty to report child with disability not enrolled in special education program;
effect of report. (1) Any
public or private official having reasonable cause to believe that any child
with whom the official comes in contact officially is a child with a disability
who is eligible for but not enrolled in a special education program shall
report to the Superintendent of Public Instruction the childÂ’s name and the
facts leading the official to the belief.
     (2) Nothing in ORS 40.225 to 40.295 shall
affect the duty to report imposed by subsection (1) of this section except that
a physician, licensed psychologist, member of the clergy or attorney shall not
be required to report information communicated by an adult if such information
is privileged under ORS 40.225 to 40.295.
     (3) Upon receipt of a report under
subsection (1) of this section, the Superintendent of Public Instruction shall
verify whether the child is enrolled in a special education program and may
cause an investigation, including an evaluation under ORS 343.146, to be made
to determine whether the child is eligible for a program under ORS 343.221.
     (4) As used in this section, “public or
private official” has the meaning given in ORS 419B.005. [1979 c.836 §6; 1983
c.740 §108; 1989 c.224 §53; 1993 c.45 §210; 1993 c.546 §102; 1999 c.989 §35;
2001 c.104 §117; 2007 c.70 §105]
     343.195 [1991 c.795 §16; 1993 c.45 §212; repealed by
1999 c.989 §36]
     343.200 [Repealed by 1965 c.100 §456]
     343.210 [Repealed by 1955 c.721 §1]
     343.211 [1959 c.510 §2 (343.211 to 343.291 and
343.990(2) enacted in lieu of 343.234 to 343.304 as compiled in 1957
Replacement Part); repealed by 1965 c.100 §395 (343.212 enacted in lieu of
343.211)]
     343.212 [1965 c.100 §396 (enacted in lieu of
343.211); 1969 c.291 §1; 1975 c.621 §4; renumbered 343.035]
     343.216 [1953 c.444 §§1,2; repealed by 1955 c.721 §1]
     343.218 [1953 c.444 §§3,4; repealed by 1955 c.721 §1]
     343.220 [Repealed by 1953 c.710 §23]
ADMINISTRATION
OF SPECIAL EDUCATION
     343.221
Special education required; district projected activities and cost statement;
permitted contracts for services. In order to provide special education for children with disabilities,
the district school board of any school district in which there are school-age
children who require special education:
     (1) Shall submit an annual projected
activities and cost statement to the Superintendent of Public Instruction for a
program of special education for the districtÂ’s children with disabilities. The
proposed district program shall include provisions for providing special
education and related services and be designed to meet the unique needs of all
resident children with disabilities.
     (2) Shall provide special education for such
children consistent with the projected activities and cost statement.
     (3) May, when the board considers a
contract to be economically feasible and in the interests of the learning
opportunities of eligible children, contract for special education for such
children with another school district if the district school boards jointly
agree to provide special education.
     (4) May, when the board considers a
contract to be economically feasible and in the interests of the learning
opportunities of eligible children, contract for special education for such
children with an education service district if:
     (a) The contract is consistent with the
local service plan of the education service district developed pursuant to ORS
334.175 and the school districts within the education service district approve
the contract by a resolution adopted in the manner provided in ORS 334.175.
     (b) The school district contracts with an
education service district pursuant to ORS 334.185.
     (5) May contract with private agencies or
organizations approved by the State Board of Education for special education.
     (6) May use the services of public
agencies, including community mental health and developmental disabilities
programs, which provide diagnostic, evaluation and other related services for
children.
     (7) May contract for the provision of
related services by a person in private practice if that person is registered,
certified or licensed by the State of Oregon as qualified to provide a
particular related service that requires registration, certification or
licensing by the state. [1959 c.510 §4 (343.211 to 343.291 and 343.990(2)
enacted in lieu of 343.234 to 343.304 as compiled in 1957 Replacement Part);
1963 c.403 §1; 1965 c.100 §399; 1975 c.621 §6; 1977 c.529 §1; 1981 c.393 §2;
1983 c.731 §2; 2005 c.828 §6]
     343.222 [1953 c.444 §6; repealed by 1955 c.721 §1]
     343.223
Assistive technology devices or services; rules. (1) Each school district shall make
assistive technology devices or assistive technology services, or both,
available to a child with a disability if required as part of a childÂ’s special
education, related services or supplementary aids and services.
     (2) The State Board of Education shall
establish by rule the definitions of assistive technology devices and assistive
technology services. [1993 c.749 §15]
     Note: 343.223 was added to and made a part of ORS
chapter 343 by legislative action but was not added to any smaller series
therein. See Preface to Oregon Revised Statutes for further explanation.
     343.224
School district liability for expense of noneducational care. School districts shall not be financially
responsible for noneducational care of a child with a disability unless that
district has participated in development of the childÂ’s individualized
education plan that clearly documents such care is prerequisite to the child
receiving a free and appropriate education and the placement is for educational
program needs, rather than care needs. [Formerly 343.367; 2007 c.70 §106]
     343.225 [1959 c.510 §5 (343.211 to 343.291 and
343.990(2) enacted in lieu of 343.234 to 343.304 as compiled in 1957
Replacement Part); 1963 c.544 §48; repealed by 1965 c.100 §456]
     343.227 [1965 c.100 §398; 1975 c.621 §5; 1993 c.45 §213;
1993 c.316 §1; repealed by 1999 c.989 §36]
     343.230 [Repealed by 1953 c.710 §23]
     343.231 [1959 c.510 §6 (343.211 to 343.291 and
343.990(2) enacted in lieu of 343.234 to 343.304 as compiled in 1957
Replacement Part); repealed by 1965 c.100 §456]
     343.234 [1953 c.710 §2; repealed by 1959 c.510 §1
(343.211 to 343.291 and 343.990(2) enacted in lieu of 343.234 to 343.304 as
compiled in 1957 Replacement Part)]
     343.235 [1959 c.510 §11 (343.211 to 343.291 and
343.990(2) enacted in lieu of 343.234 to 343.304 as compiled in 1957
Replacement Part); 1965 c.100 §389; renumbered 343.045]
     343.236
State reimbursed or operated local, county or regional programs; rules. (1) The Superintendent of Public Instruction
may provide special education on a local, county or regional basis without
regard to county boundaries in all areas of the state for children who have:
     (a) A visual impairment;
     (b) A hearing impairment;
     (c) Blindness or deafness, or both;
     (d) An orthopedic impairment;
     (e) Autism; or
     (f) Traumatic brain injury.
     (2) The Superintendent of Public
Instruction may operate and administer a local, county or regional program of
special education or the superintendent may contract for the operation and
administration of the program with a school district or an education service
district.
     (3) The State Board of Education by rule
shall establish eligibility criteria and educational standards for the programs
described in subsection (1) of this section and those programs in schools
operated under ORS 346.010.
     (4) A school district which contracts to
provide a program under this section shall be paid for the state-approved
program as determined and funded by the Legislative Assembly. Contracting
school districts are authorized to negotiate supplemental programs with
participating school districts. [1965 c.100 §401; 1975 c.621 §7; 1985 c.555 §2;
1991 c.167 §24; 1991 c.795 §14; 1993 c.749 §16; 2003 c.226 §18; 2005 c.306 §1;
2007 c.858 §70]
     343.238 [1953 c.710 §3; repealed by 1959 c.510 §1
(343.211 to 343.291 and 343.990(2) enacted in lieu of 343.234 to 343.304 as
compiled in 1957 Replacement Part)]
     343.239
Annual billing for students served by or enrolled in certain programs;
calculation of amount of billing; notice; payment deadline; distribution of
moneys. (1) The Department
of Education shall bill annually each resident school district for children who
are residents of the school district and are served under ORS 343.236 or
enrolled in a program under ORS 346.010.
     (2) A billing under this section shall be
in an amount equal to (the amount of federal funds received by the school
district through the Individuals with Disabilities Education Act, 20 U.S.C.
1400 et seq., divided by the number of eligible children under the Individuals
with Disabilities Education Act who are reported by the school district as
receiving special education services on the December 1 special education
census) multiplied by the number of children who are eligible under the
Individuals with Disabilities Education Act and served under ORS 343.236 or
enrolled in a program under ORS 346.010.
     (3) The department shall notify each
resident school district of the estimated amount of the billing no later than
March 30 after the December 1 census.
     (4) The department shall bill each
resident school district no later than the November 1 following the March 30
notification under subsection (3) of this section. The resident school district
shall pay the amount of the billing out of the school districtÂ’s Individuals
with Disabilities Education Act grant award no later than January 1 following
the November 1 billing. In lieu of payment, a school district may request that
the department withhold the billing amount from any unclaimed federal grant
funds that are payable to the school district.
     (5) The department shall distribute the
moneys made available from billings under this section to each program
providing services to children under ORS 343.236 or to the program in which
children are enrolled under ORS 346.010. [2001 c.64 §1]
     Note: 343.239 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 343 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     343.240 [Repealed by 1953 c.710 §23]
     343.241 [1959 c.510 §3 (343.211 to 343.291 and
343.990(2) enacted in lieu of 343.234 to 343.304 as compiled in 1957
Replacement Part); repealed by 1965 c.100 §456]
     343.243
Recovery of amount from
     (2) The amount recovered shall be equal to
(a) the average net operating expenditure per student of all school districts
during the preceding school year multiplied by (b) the resident average daily
membership of students enrolled in the special education program one-half of
the school day or more, exclusive of preschool children covered by ORS 343.533.
     (3) The children covered by this section
shall be enumerated in the average daily membership of the district providing
the instruction but credit for daysÂ’ attendance of such children shall not
accrue to such school district for the purpose of distributing state school
funds.
     (4) The liability of a district shall not
exceed the amount established under this section even if the child is otherwise
subject to ORS 336.575 and 336.580.
     (5) The amounts recovered from the State
School Fund shall be credited to the appropriate subaccount in the Special
Education Account. [1985 c.555 §7; 1987 c.282 §1; 1989 c.875 §1; 1989 c.971 §5;
1991 c.167 §25; 1991 c.780 §37; 1999 c.684 §1; 2001 c.36 §1; 2001 c.900 §243]
     343.244 [1953 c.710 §7; repealed by 1959 c.510 §1
(343.211 to 343.291 and 343.990(2) enacted in lieu of 343.234 to 343.304 as
compiled in 1957 Replacement Part)]
     343.245 [1959 c.510 §7 (343.211 to 343.291 and
343.990(2) enacted in lieu of 343.234 to 343.304 as compiled in 1957 Replacement
Part); repealed by 1965 c.100 §456]
     343.246 [1993 c.749 §11; repealed by 2001 c.36 §3]
     343.247
Special Education Account.
(1) There is established in the General Fund a separate account to be known as
the Special Education Account. All moneys received by the Department of
Education under this section shall be deposited in the State Treasury to the
credit of the account and appropriated continuously for purposes of ORS
343.261, 343.961 and 346.010. The account shall be divided into two subaccounts:
     (a) A subaccount for education under ORS
343.261 and 343.961.
     (b) A subaccount for education under ORS
346.010.
     (2) If the amount credited under
subsection (1)(a) of this section and the General Fund appropriation for these
programs are not adequate to meet costs, the Department of Education shall
submit a revised budget to the Legislative Assembly or, if the Legislative
Assembly is not in session, the Emergency Board. [1985 c.555 §8; 1993 c.45 §215]
     343.248 [1953 c.710 §8; repealed by 1959 c.510 §1
(343.211 to 343.291 and 343.990(2) enacted in lieu of 343.234 to 343.304 as
compiled in 1957 Replacement Part)]
     343.250 [Repealed by 1953 c.710 §23]
     343.251 [1959 c.510 §8 (343.211 to 343.291 and
343.990(2) enacted in lieu of 343.234 to 343.304 as compiled in 1957
Replacement Part); repealed by 1965 c.100 §456]
     343.254 [1953 c.710 §9; repealed by 1959 c.510 §1
(343.211 to 343.291 and 343.990(2) enacted in lieu of 343.234 to 343.304 as
compiled in 1957 Replacement Part)]
     343.255 [1959 c.510 §9 (343.211 to 343.291 and
343.990(2) enacted in lieu of 343.234 to 343.304 as compiled in 1957
Replacement Part); 1965 c.100 §391; renumbered 343.065]
     343.258 [1953 c.710 §11; repealed by 1959 c.510 §1
(343.211 to 343.291 enacted in lieu of 343.234 to 343.304 as compiled in 1957
Replacement Part)]
     343.260 [Repealed by 1953 c.710 §23]
     343.261
Instruction of certain hospitalized children; rules. Under rules adopted by the State Board of
Education:
     (1) The Superintendent of Public
Instruction, in cooperation with the hospital authorities, shall be responsible
for payment of the cost and oversight of the educational programs for children
through 21 years of age in the following institutions:
     (a) State-operated hospitals;
     (b) The Oregon Health and
     (c) Private hospitals not including
psychiatric facilities which:
     (A) Have the capacity to admit patients
from throughout the state;
     (B) Provide specialized intensive
treatment for children with severe, low-incidence types of disabling
conditions; and
     (C) Admit children who can expect to be
hospitalized for extended periods of time or rehospitalized frequently.
     (2) The superintendent shall be
responsible for the payment of the cost of the education by contract with the
school district in which the state-operated hospital, the Oregon Health and
     (3) The school district in which the
state-operated hospital, the Oregon Health and Science University hospital or
clinic or the private hospital is located shall be responsible for providing
the education directly or through an adjacent school district or through the
education service district in which the program is located or one contiguous
thereto.
     (4) The superintendent shall make the
final determinations concerning the eligibility of hospitals to receive state
funding under this section. [1959 c.510 §10 (343.211 to 343.291 and 343.990(2)
enacted in lieu of 343.234 to 343.304 as compiled in 1957 Replacement Part);
1965 c.100 §402; 1975 c.621 §8; 1975 c.693 §2; 1979 c.737 §1; 1985 c.555 §3;
1989 c.224 §54; 1989 c.491 §39; 1989 c.875 §2; 1995 c.162 §69]
     343.264 [1953 c.710 §§12,15; repealed by 1959 c.510 §1
(343.211 to 343.291 and 343.990(2) enacted in lieu of 343.234 to 343.304 as
compiled in 1957 Replacement Part)]
     343.265 [1959 c.510 §13 (343.211 to 343.291 and
343.990(2) enacted in lieu of 343.234 to 343.304 as compiled in 1957
Replacement Part); repealed by 1965 c.100 §456]
     343.268 [1953 c.710 §§13,14; repealed by 1959 c.510 §1
(343.211 to 343.291 and 343.990(2) enacted in lieu of 343.234 to 343.304 as
compiled in 1957 Replacement Part)]
     343.270 [Repealed by 1953 c.710 §23]
     343.271 [1959 c.510 §12 (343.211 to 343.291 enacted
in lieu of 343.234 to 343.304 as compiled in 1957 Replacement Part); 1965 c.100
§403; 1971 c.602 §11; 1975 c.621 §9; repealed by 1993 c.45 §216]
     343.274 [1953 c.710 §§5,10,19; repealed by 1959 c.510
§1 (343.211 to 343.291 and 343.990(2) enacted in lieu of 343.234 to 343.304 as
compiled in 1957 Replacement Part)]
     343.275 [1959 c.510 §14 (343.211 to 343.291 and
343.990(2) enacted in lieu of 343.234 to 343.304 as compiled in 1957
Replacement Part); repealed by 1965 c.100 §456]
     343.277 [1965 c.100 §405; 1971 c.449 §5; repealed by
1993 c.45 §217]
     343.278 [1953 c.710 §§20,21; repealed by 1959 c.510 §1
(343.211 to 343.291 and 343.990(2) enacted in lieu of 343.234 to 343.304 as
compiled in 1957 Replacement Part)]
     343.280 [Repealed by 1953 c.710 §23]
     343.281 [1959 c.510 §15 (343.211 to 343.291 and
343.990(2) enacted in lieu of 343.234 to 343.304 as compiled in 1957
Replacement Part); 1965 c.100 §406; 1969 c.519 §1; 1975 c.621 §10; 1977 c.714 §7;
1985 c.555 §16; 1987 c.158 §60; repealed by 1991 c.780 §30]
     343.283 [1985 c.555 §13; repealed by 1991 c.780 §30]
     343.284 [1953 c.710 §4; repealed by 1959 c.510 §1
(343.211 to 343.291 and 343.990(2) enacted in lieu of 343.234 to 343.304 as
compiled in 1957 Replacement Part)]
     343.285
Use of state funds to match federal funds. Where federal funds are made available on a matching basis for special
education, state funds available for special education may be used to match the
federal funds. [1959 c.710 §§16,17,20 (343.211 to 343.291 and 343.990(2)
enacted in lieu of 343.234 to 343.304 as compiled in 1957 Replacement Part);
1963 c.570 §18; 1965 c.100 §407; 1969 c.519 §2; 1975 c.621 §11]
     343.287
State Advisory Council for Special Education; members; duties; expenses. (1) There is created a State Advisory
Council for Special Education, consisting of members appointed by the
Superintendent of Public Instruction. Members shall be representative of the
geographic areas of this state.
     (2) Members must include:
     (a) Individuals with disabilities;
     (b) Parents or guardians of children with
disabilities ages birth through 26;
     (c) Teachers;
     (d) State and local education officials,
including officials who carry out activities under part B of subchapter VI of
the McKinney-Vento Homeless Assistance Act, 42 U.S.C. 11431 et. seq.;
     (e) Administrators of programs for
children with disabilities;
     (f) Representatives of institutions of
higher education that prepare personnel to work in special education and
related services;
     (g) Representatives of other state
agencies involved in the financing or delivery of related services;
     (h) Representatives of private schools and
representatives of public charter schools as defined in ORS 338.005;
     (i) At least one representative of a vocational,
community or business organization concerned with the provision of transition
services to children with disabilities;
     (j) A representative from the Department
of Human Services responsible for foster care;
     (k) Representatives from the
     (L) Other persons associated with or
interested in the education of children with disabilities.
     (3) A majority of the members shall be
individuals with disabilities or parents of children with disabilities ages
birth through 26.
     (4) The State Advisory Council for Special
Education shall:
     (a) Review aspects of the statewide
program of education of children with disabilities and advise the
Superintendent of Public Instruction and the Department of Education on such
programs;
     (b) Advise the Superintendent of Public
Instruction and the Department of Education of unmet needs in the education of
children with disabilities;
     (c) Comment publicly on any rules proposed
for adoption by the Department of Education concerning special education;
     (d) Assist the state in developing and
reporting data and evaluations concerning special education;
     (e) Advise the Department of Education in
developing corrective action plans to address findings identified in federal
monitoring reports on special education; and
     (f) Advise the Department of Education in
developing and implementing policies relating to the coordination of services
for children with disabilities.
     (5) Out of the funds appropriated to the
Department of Education, the department shall reimburse members for necessary
travel and other expenses under ORS 292.495 (2). [Formerly 343.530; 1977 c.30 §1;
1989 c.158 §2; 1989 c.491 §40; 1993 c.45 §220; 1999 c.989 §23; 2001 c.104 §118;
2005 c.662 §9]
     343.288 [1953 c.710 §18; repealed by 1959 c.510 §1
(343.211 to 343.291 and 343.990(2) enacted in lieu of 343.234 to 343.304 as
compiled in 1957 Replacement Part)]
     343.290 [Repealed by 1953 c.710 §23]
     343.291 [1959 c.510 §18 (343.211 to 343.291 and
343.990(2) enacted in lieu of 343.234 to 343.304 as compiled in 1957
Replacement Part); repealed by 1965 c.100 §456]
     343.293
Local advisory councils on special education; duties. (1) Every school district, combination of
districts or education service district that operates or plans to operate a
program of special education under ORS 343.035 and 343.221 may appoint one or
more local advisory councils consisting primarily of parents of children being
served in special education programs.
     (2) Each advisory council shall select its
own chairperson and vice chairperson and fix the duties of its officers.
     (3) Each local advisory council shall
review all aspects of the special program and report to the district school
board, or boards or to the education service district board. The local council
shall also make recommendations to the Superintendent of Public Instruction as
to appointments to the State Advisory Council for Special Education. [Formerly
343.525; 1989 c.158 §3]
     343.294 [1953 c.710 §16; repealed by 1959 c.510 §1
(343.211 to 343.291 and 343.990(2) enacted in lieu of 343.234 to 343.304 as
compiled in 1957 Replacement Part)]
     343.295
Document of successful completion; summary of performance. (1) A school district shall award to
children with disabilities a document certifying successful completion of
program requirements. A school district may not issue a document to a child
with a disability educated in full or in part in a special education program
that indicates the document is issued by such a program.
     (2) A school district shall give to a
child with disability who has an individualized education program an
individualized summary of performance when the child completes high school. [1975
c.621 §3; 1993 c.45 §221; 2007 c.660 §8]
     Note: The amendments to 343.295 by section 8,
chapter 660, Oregon Laws 2007, first apply to the 2008-2009 school year. See
section 9, chapter 660, Oregon Laws 2007, as amended by section 20, chapter
660, Oregon Laws 2007. The text that applies prior to the 2008-2009 school year
is set forth for the userÂ’s convenience.
     343.295. The school district may award to children
with disabilities a document certifying successful completion of program
requirements. No document issued to children with disabilities educated in full
or in part in a special education program shall indicate that the document is
issued by such a program.
     343.298 [1953 c.710 §17; repealed by 1959 c.510 §1
(343.211 to 343.291 and 343.990(2) enacted in lieu of 343.234 to 343.304 as
compiled in 1957 Replacement Part)]
     343.300 [Repealed by 1953 c.710 §23]
     343.301 [1959 c.58 §1; 1965 c.100 §408; repealed by
1975 c.621 §17]
     343.303 [1985 c.555 §28; repealed by 1991 c.780 §30]
     343.304 [1953 c.701 §23; repealed by 1959 c.510 §1
(343.211 to 343.291 and 343.990(2) enacted in lieu of 343.234 to 343.304 as
compiled in 1957 Replacement Part)]
     343.305 [1971 c.449 §1; 1973 c.827 §33; 1979 c.639 §5;
1979 c.700 §2; repealed by 1985 c.555 §26]
     343.307 [1971 c.449 §2; repealed by 1985 c.555 §26]
     343.310 [Repealed by 1953 c.710 §23]
     343.315 [1957 c.556 §2; repealed by 1963 c.570 §33]
     343.320 [Repealed by 1953 c.710 §23]
     343.325 [1957 c.556 §1; repealed by 1963 c.570 §33]
     343.330 [Repealed by 1953 c.710 §23]
     343.335 [1957 c.556 §3; repealed by 1963 c.570 §33]
     343.340 [Repealed by 1953 c.710 §23]
     343.345 [1957 c.556 §§6,9; repealed by 1963 c.570 §33]
     343.350 [Repealed by 1953 c.710 §23]
     343.353 [1983 c.731 §4; 1989 c.491 §41; repealed by
1991 c.749 §6]
     343.355 [1957 c.556 §8; repealed by 1963 c.570 §33]
     343.357 [1983 c.731 §5; 1989 c.941 §42; repealed by
1991 c.749 §6]
     343.360 [Repealed by 1953 c.710 §23]
     343.363 [1983 c.731 §6; 1987 c.238 §1; 1991 c.749 §22;
1993 c.749 §17; renumbered 343.533 in 1993]
     343.365 [1957 c.556 §7; repealed by 1963 c.570 §33]
     343.367 [1983 c.731 §7; renumbered 343.224 in 1993]
     343.370 [Amended by 1955 c.333 §1; renumbered
343.920]
     343.375 [1957 c.556 §§4,5; repealed by 1963 c.570 §33]
     343.380 [Amended by 1955 c.333 §2; renumbered
343.930]
     343.385 [1957 c.556 §10; repealed by 1963 c.570 §33]
     343.390 [Renumbered 343.940]
TALENTED AND
GIFTED CHILDREN
     343.391
Purpose of ORS 343.391 to 343.413. The purpose of ORS 343.391 to 343.413 is to facilitate the
identification and education of talented and gifted children. [1959 c.528 §1; 1963
c.570 §21; 1971 c.613 §1; 1979 c.385 §1]
     343.393 [1959 c.528 §11; repealed by 1961 c.500 §2]
     343.395
Definitions for ORS 343.391 to 343.413. As used in ORS 343.391 to 343.413, unless the context requires
otherwise:
     (1) “Application” means a request by a
school district for state funds to develop and operate programs for students
under an approved, written plan as contained in ORS 343.397.
     (2) “Board” means the State Board of
Education.
     (3) “Department” means the Department of
Education.
     (4) “Identification” means the formal
process of screening and selecting talented and gifted children according to
administrative rules established by the board.
     (5) “School district” has the same meaning
as in ORS 330.005 (2) and also includes, where appropriate, an education
service district, state operated schools or programs or a consortium of school
districts submitting a joint plan.
     (6) “Superintendent” means the
Superintendent of Public Instruction.
     (7) “Talented and gifted children” means
those children who require special educational programs or services, or both,
beyond those normally provided by the regular school program in order to
realize their contribution to self and society and who demonstrate outstanding
ability or potential in one or more of the following areas:
     (a) General intellectual ability as
commonly measured by measures of intelligence and aptitude.
     (b) Unusual academic ability in one or
more academic areas.
     (c) Creative ability in using original or
nontraditional methods in thinking and producing.
     (d) Leadership ability in motivating the
performance of others either in educational or noneducational settings.
     (e) Ability in the visual or performing
arts, such as dance, music or art. [1959 c.528 §2; 1963 c.570 §22; 1965 c.100 §409;
1971 c.613 §2; 1979 c.385 §2; 1987 c.335 §1]
     343.396
Nature of programs. It is
legislative policy that, when talented and gifted programs are offered, the
programs should be provided by common or union high school districts,
combinations of such districts or education service districts, in accordance
with ORS 334.175, and that the state will provide financial and technical
support to the districts to implement the education programs within the limits
of available funds. [1979 c.385 §8; 1981 c.833 §2]
     Note: 343.396 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 343 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     343.397
Plan of instruction for talented and gifted children. Any school district may submit to the
Superintendent of Public Instruction for approval a written plan of instruction
for talented and gifted children. The plan shall include, but not be limited
to:
     (1) A statement of school district policy
on the education of talented and gifted children;
     (2) An assessment of current special
programs and services provided by the district for talented and gifted
children;
     (3) A statement of district goals for
providing comprehensive special programs and services and over what span of
time the goals will be achieved;
     (4) A description of the nature of the
special programs and services which will be provided to accomplish the goals;
and
     (5) A plan for evaluating progress on the
district plan including each component program and service. [1959 c.528 §§5,6,7;
1963 c.570 §23; 1965 c.100 §410; 1971 c.613 §3; 1979 c.385 §3]
     343.399
State aid to local districts; criteria. (1) Any school district may apply for state funds for special programs
and services for talented and gifted children identified in the district.
     (2) The Superintendent of Public
Instruction shall annually establish a date after which no further applications
shall be received for state funds under this section.
     (3) The superintendent shall select
applications from among those that comply with ORS 343.391 to 343.413 and rules
adopted by the State Board of Education. Any criteria used by the
superintendent to evaluate applications shall include, but not be limited to:
     (a) A statement of the school district’s
present level of special educational programs and services for the talented and
gifted and how the special educational programs and services contained in the
application conform with the school districtÂ’s written plan.
     (b) Identification procedures that comply
with rules adopted by the board.
     (c) A detailed budget for the program
expenditures.
     (d) A description of the individual
student assessment and evaluative procedures and tools.
     (e) A justification of special educational
services and programs for identified talented and gifted students in terms of
the student assessment and evaluation.
     (f) An evaluation design which meets
standards set forth by the Department of Education. [1959 c.528 §8; 1963 c.570 §24;
1965 c.100 §411; 1971 c.613 §4; 1979 c.385 §4]
     343.401
Use of funds appropriated for ORS 343.391 to 343.413. (1) The funds specifically appropriated for
the program under ORS 343.391 to 343.413 shall be distributed to districts that
have approved, written plans and have submitted an application to the
Superintendent of Public Instruction which has been approved.
     (2) State funds shall be allocated on an
approved program cost basis, the amount of which shall be established by the
State Board of Education annually.
     (3) No application shall be approved by
the superintendent unless the district agrees to expend district funds for
special educational programs for talented and gifted children in an amount
equal or greater than the amount of state funds approved by the superintendent.
     (4) The districts shall account for the
grant funds as expended for the identified pupils on a form acceptable to the
Department of Education, as described in rules adopted by the board. [1959
c.528 §9; 1963 c.570 §24a; 1965 c.100 §412; 1971 c.613 §5; 1979 c.385 §5]
     343.403 [1959 c.528 §10; 1963 c.570 §25; repealed by
1965 c.100 §456]
     343.404
Funding for program development. (1) The Superintendent of Public Instruction may annually expend funds
appropriated for the talented and gifted program to provide support for the
development of talented and gifted education statewide.
     (2) These services may include:
     (a) Teacher training programs and
workshops;
     (b) Consultant and technical assistance to
districts;
     (c) Small grants to and contracts with
school districts, education service districts, colleges and universities and
private contractors to produce and disseminate curriculum and instruction
materials to other school districts; and
     (d) Training and assistance for parents of
the talented and gifted children in meeting the educational needs of their
children.
     (3) The amount of funds that may be
expended for purposes described in this section shall not exceed 10 percent of
the amount appropriated in a biennium for purposes of ORS 343.391 to 343.413. [1971
c.613 §6; 1979 c.385 §6; 1981 c.833 §1; 1987 c.335 §2]
     343.405 [1963 c.570 §22a; repealed by 1965 c.100 §456]
     343.407
Identification of talented and gifted students. School districts shall identify talented and
gifted students enrolled in public schools under rules adopted by the State
Board of Education. [1987 c.337 §3; 1993 c.45 §225]
     343.409
Talented and gifted programs required. School districts shall provide educational programs or services to
talented and gifted students enrolled in public schools under rules adopted by
the State Board of Education. [1987 c.337 §4; 1993 c.45 §226; 1993 c.749 §18]
     343.410 [1955 c.658 §2; 1961 c.541 §1; 1965 c.100 §413;
1971 c.96 §1; repealed by 1975 c.621 §17]
     343.411
When identification and programs for certain children required or optional;
state guidelines. (1) ORS
343.407 and 343.409 shall apply to the identification of and provision of
special educational programs and services for the talented and gifted as
described in ORS 343.395 (7)(a) and (b) and rules adopted by the State Board of
Education.
     (2) School districts may identify and
provide special educational programs and services for students who demonstrate
creative abilities, leadership abilities or unusual abilities in the visual or
performing arts as described in ORS 343.395 (7)(c), (d) and (e) and rules
adopted by the board.
     (3) The board shall adopt state guidelines
for the identification and provision of special educational programs and
services described in subsection (2) of this section. [1991 c.951 §2]
     343.413
Short title. ORS 343.407 to
343.413 shall be known as the Oregon Talented and Gifted Education Act. [1987
c.337 §2]
     343.415 [1975 c.455 §2; 1991 c.693 §19; 1993 c.45 §228;
renumbered 329.215 in 1993]
     343.420 [1955 c.658 §1; 1961 c.541 §2; 1965 c.100 §414;
repealed by 1975 c.621 §17]
     343.425 [1975 c.455 §3; 1993 c.45 §229; renumbered
329.225 in 1993]
     343.430 [1955 c.658 §3; 1961 c.541 §3; repealed by
1965 c.100 §456]
     343.435 [1975 c.455 §4; renumbered 329.235 in 1993]
     343.440 [1955 c.658 §§6,7; 1957 c.219 §1; 1959 c.182
§1; 1961 c.541 §4; 1963 c.570 §25a; repealed by 1965 c.100 §417 (343.441
enacted in lieu of 343.440)]
     343.441 [1965 c.100 §418 (enacted in lieu of
343.440); repealed by 1975 c.621 §17]
     343.445 [1965 c.100 §416; repealed by 1975 c.621 §17]
     343.450 [1955 c.658 §8; 1961 c.541 §5; 1963 c.570 §25b;
1965 c.100 §419; repealed by 1975 c.621 §17]
SERVICES TO
PRESCHOOL CHILDREN WITH DISABILITIES
     343.455
Early childhood special education provided by prekindergartens; service
requirement. (1)
     (2) Not less than 10 percent of the
population of children served in
     343.460 [1955 c.658 §10; 1959 c.182 §2; 1961 c.541 §6;
1963 c.570 §25c; 1965 c.100 §420; repealed by 1975 c.621 §17]
     343.465
Policy on services to preschool children with disabilities; agency coordination
of services. (1) It is the
policy of this state to respect the unique nature of each child, family and
community with particular attention to cultural and linguistic diversity, and
to support a system of services for preschool children with disabilities and
their families that:
     (a) Recognizes the importance of the child’s
family, supports and builds on each familyÂ’s strengths and respects family decision-making
and input regarding service options and public policy.
     (b) Identifies, evaluates and refers
services for preschool children with disabilities at the earliest possible
time.
     (c) Uses specialized services and all
other community services and programs for children, including community
preschools, Head Start programs, community health clinics, family support
programs and other child-oriented agencies.
     (d) Uses a variety of funding sources for
preschool children with disabilities and their families, including public and
private funding, insurance and family resources.
     (e) Assists families in utilizing
necessary services in the most cost-effective and efficient manner possible by
using a coordinated planning and implementation process.
     (f) Insures that all children and their
families, regardless of disability, risk factors or cultural or linguistic
differences, are able to utilize services for which they would otherwise be
qualified.
     (g) Encourages services and supports for
preschool children with disabilities and their families in their home
communities and in settings with children without disabilities.
     (h) Recognizes the importance of
developing and supporting well-trained and competent personnel to provide
services to preschool children with disabilities, and their families.
     (i) Evaluates the system’s impact on the
child and family, including child progress, service quality, family
satisfaction, transition into public schooling, longitudinal and cumulative
reporting over several biennia and interagency coordination at both the state
and local level.
     (j) Reports information described in
paragraph (i) of this subsection to the State Interagency Coordinating Council,
the Governor, the Superintendent of Public Instruction, the State Board of Education
and the Legislative Assembly each biennium.
     (2) In carrying out the provisions of
subsection (1) of this section, the Department of Education, the Department of
Human Services and the Department of Higher Education shall coordinate services
to preschool children with disabilities, or who are at risk of developing
disabling conditions, and their families. All program planning, standards for
service, policies regarding services delivery and budget development for
services for preschool children with disabilities, and their families shall
reflect the policy outlined in subsection (1) of this section and elaborated
through rules and agreements. [1991 c.749 §7; 1995 c.79 §187]
     Note: Section 8, chapter 409, Oregon Laws 1993,
provides:
     Sec.
8. Effect of unavailability of federal funds on programs for preschool
children. If federal funds
are not available for programs for preschool children with disabilities for
children from birth to three years of age, the program shall be continued with
state funding at least at the current level but the additional requirements
imposed on the program by this Act shall not be required and school districts
shall not be required to comply with the additional requirements. [1993 c.409 §8]
     343.470 [1955 c.658 §11; 1959 c.182 §3; 1961 c.541 §7;
1963 c.570 §26; 1965 c.100 §421; 1969 c.544 §8; repealed by 1975 c.621 §17]
     343.475
Program of early childhood special education and early intervention services;
service areas; primary contractor; voluntary local early childhood system plan;
residency; sanctions. (1) In
accordance with rules adopted by the State Board of Education, the
Superintendent of Public Instruction shall develop and administer a statewide,
comprehensive, coordinated, multidisciplinary, interagency program of early
childhood special education and early intervention services for preschool
children with disabilities and may:
     (a) Establish and designate service areas
throughout the state for the delivery of early childhood special education and
early intervention services that shall meet state and federal guidelines and be
delivered to all eligible children.
     (b) Designate in each service area a
primary contractor that shall be responsible for the administration and
coordination of early childhood special education and early intervention
services to all eligible preschool children and their families residing in the
service area.
     (2) Early childhood special education and
early intervention services shall:
     (a) Participate in the planning process
under ORS 417.777 to develop a voluntary local early childhood system plan; and
     (b) Coordinate services with other
services that are coordinated through the plan. The coordination of services
shall be consistent with federal and state law.
     (3) Preschool children with disabilities
shall be considered residents of the service area where the children are
currently living, including children living in public or private residential
programs, hospitals and similar facilities.
     (4) In addition to any other remedy or
sanction that may be available, the Superintendent of Public Instruction may
withhold funds and terminate the contract of any contractor that fails to
comply with any provisions of the contract. [1991 c.749 §8; 1993 c.45 §232;
2001 c.831 §26]
     343.480 [1955 c.658 §9; 1961 c.541 §8; repealed by
1965 c.100 §456]
     343.485
Confidentiality of records; rules. The State Board of Education shall adopt by rule procedures to insure
that the Department of Education and early childhood special education and
early intervention contractors maintain as confidential all records relating to
preschool children with disabilities, but only to the extent required by
federal law. The department and the contractor shall not disclose the records
except as provided by rule. [1991 c.749 §9]
     343.490 [1955 c.658 §13; 1965 c.100 §422; 1965 c.358
§1; repealed by 1975 c.621 §17]
     343.495
Operation of early childhood special education or early intervention programs
by department. (1) If no
contractor is designated for a service area, and no qualified county agency is
available to manage the necessary services or to subcontract the services, the
Department of Education may provide early childhood special education and early
intervention services in a local, county or service area.
     (2) Contractors designated under this
section shall:
     (a) Participate in the planning process
under ORS 417.777 to develop a voluntary local early childhood system plan; and
     (b) Coordinate services with other
services that are coordinated through the plan. The coordination of services
shall be consistent with federal and state law.
     (3) Programs operated by the Department of
Education must comply with rules adopted by the State Board of Education for
early childhood special education and early intervention contractors. [1991 c.749
§10; 1993 c.45 §233; 2001 c.831 §27]
     343.498 [1991 c.749 §11; 1993 c.45 §234; repealed by
1993 c.409 §4 (343.499 enacted in lieu of 343.498)]
     343.499
State Interagency Coordinating Council; appointment; member qualifications;
duties; terms; use of federal funds; departmentÂ’s duties; meetings; conflicts. (1)(a) There is created the State
Interagency Coordinating Council.
     (b) The Governor shall appoint members of
the council from a list of eligible appointees provided by the council and
agencies described in subsection (2) of this section and shall ensure that the
membership of the council reasonably represents the population of this state.
     (c) The Governor shall designate one
member of the council to serve as the chairperson, or if the Governor chooses
not to name a chairperson, the council may elect one of its members to serve as
chairperson. However, any member of the council who represents the Department
of Education may not serve as the chairperson of the council.
     (2) The membership of the council shall be
composed as follows:
     (a) At least 20 percent of the council
members shall be parents, including minority parents, of preschool children
with disabilities or of children with disabilities who are 12 years of age or
younger who have knowledge of or experience with programs for infants and
toddlers with disabilities. At least one council member shall be a parent of an
infant or toddler with a disability or of a child with a disability who is six
years of age or younger.
     (b) At least 20 percent of the council
members shall be public or private providers of early intervention and early
childhood special education services.
     (c) At least one council member shall be a
member of the Legislative Assembly.
     (d) At least one council member shall be
involved in personnel preparation.
     (e) At least one council member shall
represent the Department of Human Services.
     (f) At least one council member shall
represent the federal Head Start program.
     (g) At least one council member shall
represent the Child Care Division of the Employment Department.
     (h) At least one council member shall
represent the Department of Education.
     (i) At least one council member shall
represent the Department of Consumer and Business Services.
     (j) At least one council member shall
represent the State Commission on Children and Families.
     (k) At least one council member shall
represent the Child Development and
     (L) At least one council member shall be a
member of the State Advisory Council for Special Education created under ORS
343.287.
     (m) At least one council member shall be a
representative designated by the state coordinator for homeless education.
     (n) At least one council member shall
represent the state child welfare agency responsible for foster care.
     (o) At least one council member shall
represent the state agency responsible for childrenÂ’s mental health.
     (p) At least one council member shall be
from the agency responsible for the state Medicaid program.
     (q) The council may include other members
appointed by the Governor, including but not limited to one representative from
the United States Bureau of Indian Affairs or, where there is no school
operated or funded by the bureau, from the Indian Health Service or the tribe
or tribal council.
     (3) An individual appointed to represent a
state agency that is involved in the provision of or payment for services for
preschool children with disabilities under subsection (2)(e) and (h) to (k) of
this section shall have sufficient authority to engage in making and
implementing policy on behalf of the agency.
     (4) The State Interagency Coordinating
Council shall:
     (a) Advise the Superintendent of Public
Instruction and the State Board of Education on unmet needs in the early
childhood special education and early intervention programs for preschool
children with disabilities, review and comment publicly on any rules proposed
by the State Board of Education and the distribution of funds for the programs
and assist the state in developing and reporting data on and evaluations of the
programs and services.
     (b) Advise and assist the represented
public agencies regarding the services and programs they provide to preschool
children with disabilities and their families, including public comments on any
proposed rules affecting the target population and the distribution of funds
for such services, and assist each agency in developing services that reflect
the overall goals for the target population as adopted by the council.
     (c) Advise and assist the Department of
Education and other state agencies in the development and implementation of the
policies that constitute the statewide system.
     (d) Assist all appropriate public agencies
in achieving the full participation, coordination and cooperation for
implementation of a statewide system that includes but is not limited to:
     (A) Seeking information from service
providers, service coordinators, parents and others about any federal, state or
local policies that impede timely service delivery; and
     (B) Taking steps to ensure that any policy
problems identified under subparagraph (A) of this paragraph are resolved.
     (e) Advise and assist the Department of
Education in identifying the sources of fiscal and other support for preschool
services, assigning financial responsibility to the appropriate agencies and
ensuring that the provisions of interagency agreements under ORS 343.511 are
carried out.
     (f) Review and comment on each agency’s
services and policies regarding services for preschool children with
disabilities, or preschool children who are at risk of developing disabling
conditions, and their families to the maximum extent possible to assure
cost-effective and efficient use of resources.
     (g) To the extent appropriate, assist the
Department of Education in the resolution of disputes.
     (h) Advise and assist the Department of
Education in the preparation of applications and amendments thereto.
     (i) Advise and assist the Department of
Education regarding the transition of preschool children with disabilities.
     (j) Prepare and submit an annual report to
the Governor and to the United States Secretary of Education on the status of
early intervention programs operated within this state.
     (5) The council may advise appropriate
agencies about integration of services for preschool children with disabilities
and at-risk preschool children.
     (6) Terms of office for council members
shall be three years, except that:
     (a) The representative from the State
Advisory Council for Special Education shall serve a one-year term; and
     (b) The representatives from other state
agencies and the representative from the Legislative Assembly shall serve
indefinite terms.
     (7) Subject to approval by the Governor,
the council may use federal funds appropriated for this purpose and available
to the council to:
     (a) Conduct hearings and forums;
     (b) Reimburse nonagency council members
pursuant to ORS 292.495 for attending council meetings, for performing council
duties, and for necessary expenses, including child care for parent members;
     (c) Pay compensation to a council member
if the member is not employed or if the member must forfeit wages from other
employment when performing official council business;
     (d) Hire staff; and
     (e) Obtain the services of such professional,
technical and clerical personnel as may be necessary to carry out its
functions.
     (8) Except as provided in subsection (7)
of this section, council members shall serve without compensation.
     (9) The Department of Education shall
provide clerical and administrative support, including staff, to the council to
carry out the performance of the councilÂ’s function as described in this
section.
     (10) The council shall meet at least
quarterly. The meetings shall be announced publicly and, to the extent appropriate,
be open and accessible to the general public.
     (11) No member of the council shall cast a
vote on any matter that would provide direct financial benefit to that member
or otherwise give the appearance of a conflict of interest under state law. [1993
c.409 §5 (enacted in lieu of 343.498); 1999 c.989 §24; 2001 c.900 §54; 2005
c.662 §10]
     343.500 [1955 c.658 §§4,5; 1957 c.219 §2; 1961 c.541
§9; 1965 c.100 §390; renumbered 343.055]
     343.503 [1991 c.749 §12; repealed by 1995 c.237 §4]
     343.505 [1971 c.602 §2; repealed by 1975 c.621 §17]
     343.507
Local early intervention interagency advisory council; members; officers. (1) Each contractor for early childhood
special education and early intervention services shall assist in the
development of a local early intervention interagency advisory council in every
county within the contractorÂ’s service area.
     (2) Each local early intervention
interagency advisory council shall include as members at least 20 percent
parents of preschool children with disabilities, 20 percent providers of early
childhood special education and early intervention services or other services
to preschool children with disabilities, a representative of the State
Commission on Children and Families and representatives from public and private
agencies that serve young children and their families, including but not
limited to Head Start and Oregon prekindergartens, community child care, the
Child Care Division of the Employment Department, local school districts,
education service districts, Department of Education regional special education
programs, community mental health and developmental disabilities programs,
Department of Human Services health programs, child welfare programs and public
assistance programs, Indian education agencies, migrant programs serving young
children and community colleges.
     (3) Each local early intervention
interagency advisory council shall select its own chairperson and vice
chairperson and fix the duties of its officers.
     (4) The department shall establish procedures
pursuant to rules of the State Board of Education for seeking and considering
local council advice regarding the selection of contractors, coordination of
services and procedures for local resolution of disputes. [1991 c.749 §13; 1993
c.45 §235; 1995 c.278 §42; 1999 c.989 §25; 2001 c.900 §55]
     343.509 [1971 c.602 §3; repealed by 1975 c.621 §17]
     343.510 [1955 c.658 §12; repealed by 1965 c.100 §456]
     343.511
Interagency agreements to provide services; contents. (1) The Department of Education shall enter
into written interagency agreements with state or federal agencies contracting
for, or providing services to, preschool children with disabilities or who are
at risk of developing disabling conditions, and their families.
     (2) Each interagency agreement shall
include:
     (a) Components necessary to insure
effective cooperation and coordination among the agencies involved in providing
services to preschool children with disabilities.
     (b) A clear description of financial
responsibility of the agencies for paying for early childhood special education
and early intervention services, case management services and other services to
preschool children with disabilities and their families.
     (c) Procedures for resolving, in a timely
manner, interagency disputes regarding services, eligibility or financial
responsibility related to eligible children.
     (d) A description of each agency’s
procedure for resolving internal disputes regarding the agencyÂ’s services,
eligibility determination or financial responsibility.
     (e) A process for the Department of
Education to follow to achieve resolution of disputes within the agency
entering into the agreement with the department, if the given agency is unable
to resolve its own internal disputes within 60 calendar days. [1991 c.749 §14]
     343.513
Eligibility criteria; rules.
The State Board of Education shall establish by rule procedures prescribing the
eligibility criteria for early childhood special education and early
intervention services. [1991 c.749 §15]
     343.515 [1971 c.602 §4; repealed by 1975 c.621 §17]
     343.517
Parent-initiated referral to determine eligibility. (1) Whenever the parent of a child believes
that the child is eligible for early childhood special education or early
intervention services or is concerned about the childÂ’s developmental progress,
the parent may initiate a referral to the contractor, or the designated
referral and evaluation agency, in the county where the child resides.
     (2) Services contractors, community
agencies or individuals in the community may also assist the family to initiate
a referral if they believe that a child is eligible for early childhood special
education or early intervention services or they are concerned about the childÂ’s
developmental progress.
     (3) Nothing in this section shall relieve
school districts of the duty to identify, locate and evaluate preschool
children with disabilities under ORS 343.157. [1991 c.749 §16; 1993 c.45 §236;
1993 c.749 §19]
     343.519 [1971 c.602 §10; repealed by 1975 c.621 §17]
     343.520 [1955 c.658 §14; repealed by 1965 c.100 §456]
     343.521
Individualized family service plan; rules; forms. (1) In accordance with rules of the State
Board of Education, the agencies under contract with the Department of
Education to provide early childhood special education or early intervention
services must ensure that an individualized family service plan is developed
for each preschool child with a disability, as defined in ORS 343.035, who is
determined eligible for early childhood special education or early intervention
services and for the childÂ’s family. The Department of Education or its
contractors shall not be responsible for the cost of other services of the
individualized family service plan that are not early childhood special
education or early intervention services.
     (2) The State Board of Education shall
establish by rule the contents of an individualized family service plan and the
procedures for the development, review and revision of an individualized family
service plan.
     (3) Each agency under contract with the
Department of Education to provide early childhood special education or early
intervention services shall use the individualized family service plan forms
established by the Department of Education in the development, review and revision
of individualized family service plans. [1991 c.749 §17; 1993 c.409 §6; 1995
c.237 §2; 1999 c.989 §26; 2003 c.266 §1; 2005 c.662 §11]
     343.523
Service coordination requirements for early intervention and early childhood
special education. Service
coordination shall be provided as an early intervention service or may be
provided as other services for children and families in early childhood special
education as defined under ORS 343.035 and shall include:
     (1) Coordinating all services across
agency lines;
     (2) Assisting parents of eligible children
in gaining access to early intervention services and other services identified
in the individualized family service plan;
     (3) Facilitating the timely delivery of
available services; and
     (4) Continuously seeking the appropriate
services and situations necessary to benefit the development of each child
being served for the duration of the childÂ’s eligibility. [Formerly 343.095]
     343.525 [1971 c.602 §8; 1975 c.621 §14; renumbered
343.293]
     343.527
Requirements for written notice to parents of preschool child with disability;
contents of notice; language or mode of communication of parent. (1) A contractor or contractorÂ’s designee
shall give written notice to the parents of a preschool child with a disability
or the parents of a preschool child suspected of having a disability within a
reasonable time before the contractor or the contractorÂ’s designee:
     (a) Proposes to initiate or change the
identification, evaluation or placement of the child or the provision of early
childhood special education or early intervention services to the child; or
     (b) Refuses to initiate or change the
identification, evaluation or placement of the child or the provision of early
childhood special education or early intervention services to the child.
     (2) The written notice must comply with
the rules prescribed by the State Board of Education.
     (3) The written notice required under
subsection (1) of this section shall be:
     (a) Written in language understandable to
the general public; and
     (b) Provided in the native language of the
parent or other mode of communication used by the parent, unless it is clearly
not feasible to do so.
     (4) If the native language or other mode
of communication of the parent is not a written language, the contractor or
designee shall take steps to ensure:
     (a) That the notice is translated orally
or by other means to the parent in the parentÂ’s native language or other mode
of communication;
     (b) That the parent understands the
content of the notice; and
     (c) That there is written evidence that
the requirements of this subsection have been met. [1991 c.749 §18; 1995 c.237 §3;
1999 c.989 §27]
     343.530 [1971 c.602 §9; 1975 c.621 §15; renumbered
343.287]
     343.531
Procedural safeguards; rules.
(1) The State Board of Education shall establish by rule the procedural
safeguards for the implementation of early intervention services.
     (2) The State Board of Education shall
assure by rule that all preschool children who are three years of age to
eligibility for entry into kindergarten are provided by the Department of
Education the same procedural safeguards and rights as those provided to
school-age children with disabilities under this chapter. [1991 c.749 §§19,20;
1993 c.409 §7]
     343.533
Transportation service to preschool children with disabilities; cost. (1) The Department of Education shall not
bill a resident school district for a child receiving services under this
section even if the child is served by a county or regional program otherwise
subject to ORS 343.243.
     (2) The resident school district shall
provide transportation service to preschool children with disabilities, as
defined in ORS 343.035, age three until the age of eligibility for
kindergarten, if such service is determined to be a related service and, as
required, to children from birth to three years of age, enrolled in programs
under ORS 339.185, 343.035, 343.041, 343.055, 343.065, 343.157 and 343.455 to
343.534, and the district may include those costs in its claims for
transportation costs reimbursement by the state. No state agency is required to
pay transportation other than the claims on the State School Fund. [Formerly
343.363]
     343.534
Allocation of state funds to approved providers. (1) The funds specially appropriated to
early childhood special education and early intervention services shall be
contracted to providers that have been approved by the Superintendent of Public
Instruction.
     (2) State funds shall be allocated on an
approved program basis, the amount of which shall be established pursuant to
rules of the State Board of Education.
     (3) The provider shall account for the
grant funds as expended on a form acceptable to the superintendent pursuant to
rules of the state board. [1991 c.749 §28]
     343.535 [1971 c.602 §5; repealed by 1975 c.621 §17]
     343.540 [1971 c.602 §6; repealed by 1975 c.621 §17]
     343.545 [1971 c.602 §7; repealed by 1975 c.621 §17]
     343.550 [1971 c.602 §15; repealed by 1975 c.621 §17]
     343.552 [1959 c.218 §1; 1965 c.100 §423; 1965 c.237 §1;
1969 c.109 §1; repealed by 1975 c.621 §17]
     343.554 [1959 c.218 §§2,3,10; 1963 c.570 §27; 1965
c.100 §424; 1965 c.237 §2; 1971 c.602 §12; repealed by 1975 c.621 §17]
     343.556 [1959 c.218 §§4,8,9; 1965 c.100 §425; 1965
c.237 §3; repealed by 1975 c.621 §17]
     343.558 [1959 c.218 §5; 1965 c.100 §426; 1965 c.237 §4;
1971 c.602 §13; repealed by 1975 c.621 §17]
     343.560 [1959 c.218 §§6,7; repealed by 1965 c.100 §456]
APPROPRIATE
LEARNING MEDIA FOR BLIND STUDENTS (BRAILLE)
     343.565
Definitions for ORS 343.565 to 343.595. As used in ORS 343.565 to 343.595:
     (1) “Braille” means the system of reading
and writing through touch commonly known as standard English Braille.
     (2) “Student who is blind” means an
individual who:
     (a) Is eligible for special education due
to visual impairment; or
     (b) Has a medically indicated expectation
of visual deterioration. [1993 c.380 §2; 1999 c.989 §28]
     343.575
Proficiency in reading and writing for blind student; use of Braille. (1) In developing the individualized
education program for each student who is blind, the presumption shall be that
proficiency in reading and writing is essential for the student to achieve
satisfactory educational progress. Each student who is blind shall be assessed
to determine the most appropriate learning media, including but not limited to
Braille. The individualized education program team shall determine the optimum
learning media.
     (2) Braille instruction and use are not
required by this section if, in the course of developing the studentÂ’s
individualized education program, all members of the team concur that the
studentÂ’s visual impairment does not affect reading and writing performance
commensurate with ability.
     (3) Nothing in this section requires the
exclusive use of Braille if other special education services are appropriate to
meet the studentÂ’s educational needs. The provision of other appropriate
services does not preclude Braille use or instruction. [1993 c.380 §3]
     343.585
Instruction in Braille; individualized education program requirements. Instruction in Braille reading and writing
provided under ORS 342.153 and 343.565 to 343.595 shall be sufficient to enable
each student who is blind to communicate effectively. When the need for Braille
is determined, the studentÂ’s individualized education program shall specify the
extent and nature of the studentÂ’s training in Braille, pursuant to standards
adopted by rule of the State Board of Education. [1993 c.380 §4]
     343.595
Requirement that textbook publishers supply material in format from which
Braille version can be produced. The State Board of Education shall require a publisher of a textbook
adopted by a school district to furnish the Oregon Textbook and
     343.600
State policy encouraging use of Braille. It shall be the policy of this state that students who are blind and
who, due to lack of visual acuity or perception, cannot read printed material
at a competitive rate of speed and with facility, or who have a reasonable
expectation of visual deterioration, shall be encouraged to learn to read and
write Braille. [Formerly 343.945; 2007 c.70 §107]
     343.610 [1955 c.15 §1; 1955 c.410 §1; repealed by
1963 c.21 §2]
     343.620 [1955 c.15 §2; 1955 c.410 §2; repealed by
1963 c.21 §2]
     343.630 [1955 c.15 §3; 1955 c.410 §3; repealed by
1963 c.21 §2]
     343.640 [1955 c.410 §4; repealed by 1963 c.21 §2]
DISADVANTAGED
CHILDREN
     343.650
Definitions for ORS 343.650 to 343.680. As used in ORS 343.650 to 343.680, unless the context requires
otherwise:
     (1) “Disadvantaged children” means
children who in their backgrounds are socially or culturally deprived to such a
degree that without supplemental facilities and services they cannot profit in
the regular school program to the same extent as children with normal
backgrounds.
     (2) “Facilities and services”:
     (a) Means special equipment, materials,
supplies and services and regular equipment, materials, supplies and services
to the extent that they are specially used or consumed in providing special
education for the primary purpose of preventing or overcoming learning
deficiencies; and
     (b) Includes special classes, special
instruction in or in addition to regular classes, nursery schools and
kindergartens, extracurricular programs, camp and recreation programs, testing
and research programs, orientation programs, counseling and guidance programs,
cafeteria service, transportation and the construction and use of special schools
or centers, or the construction of additions thereto. [1965 c.531 §1; 1967
c.443 §1]
     343.660
Facilities and services for disadvantaged children. The district school board of any school
district in which the regular school program is inadequate for the educational
needs of disadvantaged children may provide facilities and services for such
children during and outside of regular school hours and regular school days. [1965
c.531 §2; 1973 c.707 §4; 1973 c.750 §14]
     343.670
Advance payment to districts.
Notwithstanding the provisions of any other law, the Department of Education
may make advance payment from funds received by the Department of Education
pursuant to Public Law 89-10, as further amended by Public Law 95-561, to
school districts based on the estimated cost of any approved program or service
to be provided. [1965 c.531 §6; 1989 c.491 §43; 1993 c.45 §238]
     343.680
Advance payments and reimbursements to districts of at least 40,000 for operation
and construction costs. (1)
For the purposes of carrying out the provisions of ORS 343.650 to 343.670 the
Department of Education shall advance to or reimburse any common or union high
school district with at least 40,000 average daily membership, as defined by
ORS 327.006, from funds specifically appropriated for such purposes, such
amounts as may from time to time be certified by such district as required
therefor.
     (2) The certificate shall specify
separately:
     (a) The amounts required for operations;
and
     (b) The amounts required for construction
of special schools or centers, or additions thereto.
     (3) The amounts obtained for construction
shall be related to progress of construction as determined by the district.
     (4) Any amounts remaining unexpended and
unobligated as of June 30 of the fiscal year or biennium for which they were
appropriated shall revert to the General Fund. [1967 c.443 §3; 1981 c.487 §1;
1993 c.45 §239]
     343.685 [1979 c.277 §9; repealed by 1981 c.487 §2]
     343.705 [1973 c.724 §2; renumbered 336.790 in 1993]
     343.710 [1957 c.206 §1; 1965 c.100 §427; renumbered
336.795 in 1993]
     343.720 [1957 c.206 §2; 1959 c.421 §2; 1965 c.100 §428;
1969 c.407 §1; 1969 c.623 §1; 1973 c.724 §3; 1979 c.307 §7; renumbered 336.800
in 1993]
     343.730 [1957 c.206 §3; 1959 c.421 §3; 1961 c.658 §1;
1963 c.235 §2; 1965 c.100 §429; 1965 c.549 §1; 1969 c.407 §2; 1969 c.623 §2;
1973 c.724 §4; 1981 c.473 §3; 1983 c.583 §3; 1989 c.491 §44; 1991 c.709 §8;
1993 c.748 §2; renumbered 336.805 in 1993]
     343.740 [1957 c.206 §§4,6; 1963 c.97 §8; 1973 c.724 §5;
1975 c.682 §9; 1981 c.473 §4; 1983 c.338 §915; 1983 c.585 §4; 1989 c.966 §27;
renumbered 336.810 in 1993]
     343.750 [1967 c.296 §1; 1981 c.473 §5; renumbered
336.815 in 1993]
     343.760 [1981 c.473 §2; 1983 c.380 §4; 1983 c.338 §916;
repealed by 1983 c.583 §8]
MIGRANT
CHILDREN
     343.810
Definitions for ORS 343.810 to 343.835. As used in ORS 343.810 to 343.835, unless the context requires
otherwise:
     (1) “Migrant child” means a child between
3 and 21 years of age who is in the custody of migrant workers whether or not they
are parents of the child.
     (2) “Migrant worker” means an individual
engaged in agricultural labor who does not regularly reside in the county in
which the individual is performing the agricultural labor.
     (3) “School district” includes education
service districts and state institutions. [1961 c.502 §1; 1963 c.570 §30; 1965
c.100 §430; 1987 c.243 §1]
     343.815 [1961 c.502 §§2,3; repealed by 1963 c.570 §33]
     343.820 [1961 c.502 §4; repealed by 1963 c.570 §33]
     343.825 [1961 c.502 §5; repealed by 1963 c.570 §33]
     343.830
Summer programs for migrant children. School districts may establish summer programs for migrant children to
supplement the regular school program and provide instruction in those
educational areas in which the migrant child needs special help. The summer
programs may be attended by migrant children who will attend regular school
sessions in the ensuing school year. [1961 c.502 §§7,8; 1963 c.570 §31; 1965
c.100 §431]
     343.835
Reimbursement; district expenditures not subject to Local Budget Law. Pursuant to rules of the State Board of
Education, school districts shall submit a proposed budget for summer programs
to the Superintendent of Public Instruction for approval. Upon completion of
the summer program the claim shall be presented to the Superintendent of Public
Instruction for reimbursement which shall be made only for the actual and
approved expenses incurred in the program. Expenditures made by a school
district in carrying out a summer program shall not be subject to the Local Budget
Law (ORS 294.305 to 294.565). [1961 c.502 §9; 1963 c.570 §31a; 1965 c.100 §432;
1989 c.491 §45]
     343.910 [Formerly 343.130; 1965 c.100 §433; repealed
by 1993 c.45 §241]
     343.920 [Formerly 343.370; repealed by 1959 c.645 §2]
MISCELLANEOUS
PROVISIONS
     343.923
Department duties for programs for students with moderate to severe
retardation. The Department
of Education shall:
     (1) Pursuant to rules of the State Board
of Education, require that programs for students with moderate to severe
retardation meet program standards.
     (2) Supply the Department of Human
Services with information, on forms developed by the Department of Human
Services, concerning all students with moderate to severe retardation who are
15 years of age and older, which the Department of Human Services needs to
serve and plan for their transition to adult living and work situations.
     (3) Implement programs for students with
moderate to severe retardation under ORS 343.236 in a manner that continues the
pattern of services in neighborhood and community schools which existed on July
1, 1985. [1985 c.555 §12; 1989 c.971 §7; 1991 c.795 §11]
     343.925 [1961 c.274 §1; 1965 c.100 §182; renumbered
334.215]
     343.926 [1989 c.971 §6; 1991 c.795 §12; repealed by
1991 c.780 §30]
     343.930 [Formerly 343.380; repealed by 1959 c.645 §2]
     343.940 [Formerly 343.390; 1965 c.100 §434; repealed
by 1975 c.693 §21]
     343.945 [1989 c.265 §2; renumbered 343.600 in 1993]
     343.950 [1957 c.562 §§1,2,3,4,5; 1959 c.645 §1; 1963
c.570 §32; 1965 c.100 §7; renumbered 326.510 and then 343.960]
     343.960 [Formerly 343.950 and then 326.510; 1975
c.620 §1; 1977 c.251 §1; 1977 c.586 §1; 1979 c.700 §1; 1981 c.916 §1; repealed
by 1985 c.555 §19 (343.961 enacted in lieu of 343.960 and 343.965)]
     343.961
Responsibility for costs of education of children in long-term care or
treatment; district providing education; notice required before student dismissed
from treatment program. (1)
The Department of Education shall be responsible for payment of the cost of the
education in programs with which the Department of Human Services or Oregon
Youth Authority contracts for long-term care or treatment. Programs eligible
for such education shall be in accordance with criteria adopted by rule by the
State Board of Education.
     (2) The Department of Education shall be
responsible for payment of the costs of such education by contract with the
school district, excluding transportation, care, treatment and medical
expenses. The resident district shall provide transportation to pupils enrolled
in programs under ORS 430.715 who live at home but require day treatment. The
payments may be made to the school district or, at the discretion of the school
district, to the district providing the education, as set forth in subsection
(3) of this section, from the funds appropriated for the purpose.
     (3) The school district in which the
agency is located is responsible for providing the education directly or
through an adjacent school district or through the education service district
in which the program is located or one contiguous thereto. The instruction may
be given in facilities of such districts or in facilities provided by such
agency.
     (4) The school district may request the
Department of Education to combine several private agency school programs into
one contract with a school district, an adjacent school district or an
education service district.
     (5) The Department of Human Services shall
give the school district providing the education at a treatment program 14 daysÂ’
notice before a student is dismissed from the treatment program.
     (6) The Department of Education may make
advances to such school district from funds appropriated therefor based on the
estimated agreed cost of educating the pupils per school year. Advances equal
to 25 percent of such estimated cost may be made on September 1, December 1 and
March 1 of the current year. The balance may be paid whenever the full
determination of cost is made.
     (7) School districts which provide the
education described in this section on a year-round plan may apply for 25
percent of the funds appropriated therefor on July 1, October 1, January 1, and
15 percent on April 1. The balance may be paid whenever the full determination
of cost is made.
     (8) In addition to the payment methods
described in this section, the Department of Education may:
     (a) Negotiate interagency agreements to
pay for the cost of education in treatment programs operated under the auspices
of the State Board of Higher Education; and
     (b) Negotiate intergovernmental agreements
to pay for the cost of education in treatment programs operated under the
auspices of the Oregon Health and Science University Board of Directors. [1985
c.555 §19a; enacted in lieu of 343.960 and 343.965; 1987 c.223 §1; 1989 c.1011 §1;
1991 c.780 §26; 1991 c.795 §13; 1993 c.749 §20; 1997 c.521 §26]
     343.965 [1973 c.708 §2; 1975 c.50 §1; 1981 c.916 §2;
repealed by 1985 c.555 §19 (343.961 enacted in lieu of 343.960 and 343.965)]
     343.975 [1975 c.590 §2; 1989 c.491 §46; 1989 c.875 §3;
1993 c.45 §242; repealed by 2001 c.900 §261]
     343.980 [1975 c.590 §3; 1989 c.491 §47; repealed by
1997 c.821 §29]
     343.990 [Amended by 1953 c.110 §1; subsection (2) of
1963 Replacement Part enacted as 1959 c.510 §19; repealed by 1965 c.100 §456]
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