reglab/housing_qa huggingface dataset:
OR Rev Stat § 343.152 (2021)
2021 Oregon Revised Statutes|Volume : 09 - Education and Culture|Chapter 343 - Special Education and Other Specialized Education Services|Section 343.152 - Terminology in individualized education program for child with an intellectual disability.

(1) An individualized education program may not use the words "retardation" or "mental retardation" to refer to a child with an intellectual disability. (2) If an individualized education program developed, reviewed or revised before, on or after June 28, 2011, uses the words "retardation" or "mental retardation," those words shall be substituted with other words designating "intellectual disability" wherever those words occur in the individualized education program. [2011 c.544 §6] Note: 343.152 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.
OR Rev Stat § 343.154 (2021)
2021 Oregon Revised Statutes|Volume : 09 - Education and Culture|Chapter 343 - Special Education and Other Specialized Education Services|Section 343.154 - Functional behavioral assessments and behavior intervention plans.

(1) As used in this section: (a) "Behavior intervention plan" means an individualized plan, including positive interventions, designed to: (A) Assist a student to decrease inappropriate behavior; and (B) Increase or teach an alternative appropriate behavior. (b) "504 Plan" means an education plan developed for a student in accordance with section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794. (c) "Functional behavioral assessment" means an individualized assessment of a student that results in a hypothesis about the function of a student’s behavior and, as appropriate, recommendations for a behavior intervention plan. (d) "Serious bodily injury" has the meaning given that term in ORS 339.285. (e) "Service provider" includes school personnel who: (A) Are or will be providing services related to the implementation of an individualized education program or a 504 Plan to the student; and (B) Do not hold a teaching license or an administrative license. (2) A school district must conduct a functional behavioral assessment and develop, review or revise a behavior intervention plan within 45 school days of receiving parental consent to conduct the assessment for every student who has: (a) An individualized education program or a 504 Plan; and (b) Placed the student, other students or staff at imminent risk of serious bodily injury as a result of the student’s behavior. (3) When a behavior intervention plan is developed, reviewed or revised as provided by subsection (2) of this section, the school district must: (a) Ensure that the behavior intervention plan is based on a functional behavioral assessment that was conducted by a qualified person; (b) Ensure that the behavior intervention plan appropriately addresses the student’s needs; (c) Allow service providers involved in the incident when the student, other students or staff were at imminent risk of serious bodily injury to provide meaningful input into the development, review or revision; (d) Inform the service providers about any portions of the behavior intervention plan that are relevant to the service providers and about any training opportunities for the service providers; and (e) Ensure that the behavior intervention plan was correctly implemented before making any revisions. [2017 c.436 §2; 2021 c.97 §35] Note: 343.154 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.
OR Rev Stat § 343.155 (2021)
2021 Oregon Revised Statutes|Volume : 09 - Education and Culture|Chapter 343 - Special Education and Other Specialized Education Services|Section 343.155 - Procedures to protect rights of child with disability; 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 child’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; (d) The child reaches the age of majority and has been determined not to have the ability to give informed consent regarding the child’s education; or (e) The parent, guardian or former guardian of the child is disqualified from being appointed as a surrogate under ORS 343.156. (3) Rules prescribing mediation procedures, resolution sessions and hearings procedures if identification, evaluation, individualized 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; 2011 c.194 §7; 2013 c.1 §41]
OR Rev Stat § 343.156 (2021)
2021 Oregon Revised Statutes|Volume : 09 - Education and Culture|Chapter 343 - Special Education and Other Specialized Education Services|Section 343.156 - Limitations on appointment of surrogate to protect educational rights of a child with a disability.

A school district or other educational agency may not appoint as a surrogate, nor may a court order the appointment as a surrogate, to protect the special educational rights of a child with a disability, a person who is the child’s parent, guardian or former guardian if: (1) At any time while the child was under the care, custody or control of the person, a court entered an order: (a) Taking the child into protective custody under ORS 419B.150; or (b) Committing the child to the legal custody of the Department of Human Services for care, placement and supervision under ORS 419B.337; and (2) The court entered a subsequent order that: (a) The child should be permanently removed from the person’s home, or continued in substitute care, because it was not safe for the child to be returned to the person’s home, and no subsequent order of the court was entered that permitted the child to return to the person’s home before the child’s wardship was terminated under ORS 419B.328; or (b) Terminated the person’s parental rights under ORS 419B.500 and 419B.502 to 419B.524. [2011 c.194 §6] Note: 343.156 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.
OR Rev Stat § 343.157 (2021)
2021 Oregon Revised Statutes|Volume : 09 - Education and Culture|Chapter 343 - Special Education and Other Specialized Education Services|Section 343.157 - Duty of school districts to identify, locate and evaluate resident children who may have disabilities.

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]
OR Rev Stat § 343.159 (2021)
2021 Oregon Revised Statutes|Volume : 09 - Education and Culture|Chapter 343 - Special Education and Other Specialized Education Services|Section 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 parent’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]
OR Rev Stat § 343.164 (2021)
2021 Oregon Revised Statutes|Volume : 09 - Education and Culture|Chapter 343 - Special Education and Other Specialized Education Services|Section 343.164 - Parental consent requirements for evaluation, reevaluation or placement; revocation of consent.

(1) A school district shall obtain informed written parental consent before the school district conducts an initial evaluation or a reevaluation and before the initial provision of special education and related services for a child with a disability. (2)(a) At any time, the parent of a child may revoke, in writing, consent for: (A) An initial evaluation; (B) The initial provision and the continuing provision of special education and related services; and (C) A reevaluation. (b) If a parent revokes consent as provided in paragraph (a) of this subsection, the revocation is not retroactive and does not invalidate an action that was based on the consent and that occurred after the consent was given and before the consent was revoked. (3) 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; 2009 c.255 §4]
OR Rev Stat § 343.167 (2021)
2021 Oregon Revised Statutes|Volume : 09 - Education and Culture|Chapter 343 - Special Education and Other Specialized Education Services|Section 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 officer’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]
OR Rev Stat § 343.173 (2021)
2021 Oregon Revised Statutes|Volume : 09 - Education and Culture|Chapter 343 - Special Education and Other Specialized Education Services|Section 343.173 - Parental right to examine district records; independent evaluation; hearing; costs.

(1) Notwithstanding the limitation on access to records under ORS 192.311 to 192.478, 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 parent’s request for an independent educational evaluation, the district may initiate a hearing under ORS 343.165 to show that the district’s evaluation is appropriate. If the final decision is that the district’s evaluation is appropriate, the parent has the right to an independent educational evaluation, but not at the district’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]
OR Rev Stat § 343.181 (2021)
2021 Oregon Revised Statutes|Volume : 09 - Education and Culture|Chapter 343 - Special Education and Other Specialized Education Services|Section 343.181 - Transfer of special education rights to child with disability upon age of majority; notices.

(1) 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: (a) The rights accorded to the child’s parents under this chapter transfer to the child; (b) The school district shall provide any written notice required to both the child and the parents; and (c) The school district shall notify the child and the parents of the transfer of rights. (2) To promote self-determination and independence, the school district shall provide the child and the child’s parents with information and training resources regarding supported decision-making as a less restrictive alternative to guardianship, and with information and resources regarding strategies to remain engaged in the child’s secondary education and post-school outcomes. The school district shall provide the information described in this subsection at each individualized education program meeting that includes discussion of post-secondary education goals and transition services. [1999 c.989 §9; 2021 c.210 §1]
OR Rev Stat § 343.183 (2021)
2021 Oregon Revised Statutes|Volume : 09 - Education and Culture|Chapter 343 - Special Education and Other Specialized Education Services|Section 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]
OR Rev Stat § 343.187 (2021)
2021 Oregon Revised Statutes|Volume : 09 - Education and Culture|Chapter 343 - Special Education and Other Specialized Education Services|Section 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]
OR Rev Stat § 343.193 (2021)
2021 Oregon Revised Statutes|Volume : 09 - Education and Culture|Chapter 343 - Special Education and Other Specialized Education Services|Section 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 child’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]
OR Rev Stat § 343.212 (2021)
2021 Oregon Revised Statutes|Volume : 09 - Education and Culture|Chapter 343 - Special Education and Other Specialized Education Services|Section 343.212

[1965 c.100 §396 (enacted in lieu of 343.211); 1969 c.291 §1; 1975 c.621 §4; renumbered 343.035]
OR Rev Stat § 343.221 (2021)
2021 Oregon Revised Statutes|Volume : 09 - Education and Culture|Chapter 343 - Special Education and Other Specialized Education Services|Section 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 district’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 programs and community 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; 2009 c.595 §215]
OR Rev Stat § 343.223 (2021)
2021 Oregon Revised Statutes|Volume : 09 - Education and Culture|Chapter 343 - Special Education and Other Specialized Education Services|Section 343.223 - Assistive technology devices or services; professional development; rules.

(1)(a) 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 child’s special education, related services or supplementary aids and services. (b) The State Board of Education shall establish by rule the definitions of assistive technology devices and assistive technology services. (2) School districts shall ensure that school administrators and school personnel whose duties may require them to assist a student with a print disability, as defined in ORS 337.511, receive annual professional development related to using online resources that enable students with print disabilities to receive instructional materials free of charge. [1993 c.749 §15; 2013 c.98 §3] 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.