reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 343 - Special Education and Other Specialized Education Services › Section 343.146 - Determination of eligibility for special education services; evaluation; reevaluation; examinations and assessments.

(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 child’s eligibility for special education and the child’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 examination is required as part of an initial evaluation or reevaluation, the examination must be given by:
(a) A physician licensed under ORS chapter 677 or by the appropriate authority in another state;
(b) A naturopathic physician licensed under ORS chapter 685 or by the appropriate authority in another state;
(c) A nurse practitioner licensed under ORS 678.375 to 678.390 or by the appropriate authority in another state; or
(d) A physician assistant licensed under ORS 677.505 to 677.525 or by the appropriate authority in another state.
(6) If a vision examination is required as part of an initial evaluation or reevaluation, the examination must be given by:
(a) A person licensed to practice optometry under ORS chapter 683 or by the appropriate authority in another state; or
(b) A physician who specializes in ophthalmology and who is licensed under ORS chapter 677 or by the appropriate authority in another state.
(7) If an audiological assessment is required as part of an initial evaluation or reevaluation, the assessment must be given by an audiologist licensed under ORS chapter 681 or by the appropriate authority in another state.
(8) The information obtained in an examination or assessment performed under subsection (5), (6) or (7) of this section must be reported by the practitioner who performed the examination or assessment to the school district in which the child is or will be enrolled. [1999 c.989 §12; 2005 c.662 §2; 2007 c.86 §4; 2017 c.356 §30; 2019 c.171 §1]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 343 - Special Education and Other Specialized Education Services › Section 343.148 - Requirements for individualized family service plans and individualized education programs for children who are deaf or deafblind or who are hard of hearing.

In addition to any other requirements prescribed by the State Board of Education by rule for individualized family service plans or individualized education programs, the board shall require that whenever a plan or program is developed, revised or reviewed for a child who is deaf or deafblind or who is hard of hearing, the parents of the child must be provided information about relevant services and placements offered by the school district, the education service district, regional programs and the Oregon School for the Deaf. [2021 c.255 §2]
Note:
343.148 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.
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 343 - Special Education and Other Specialized Education Services › Section 343.151 - Individualized education program; contents; procedures; review; revision; rules; standard forms; alternate forms.

(1)(a) 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.
(b) If a child has an individualized education program that has been developed, reviewed and revised by another school district and the child becomes a resident of a school district as provided by ORS 339.133 or 339.134 or other law, the school district must implement the individualized education program developed by the other school district until a new individualized education program is developed.
(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; 2011 c.718 §18]
2023 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.
2023 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.
2023 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]
2023 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.
2023 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]
2023 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]
2023 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]
2023 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 (7), 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; 2023 c.189 §8]
2023 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. Records must be provided without undue delay, which may not exceed 10 business days, as defined in ORS 192.311, from the date of the request for the records. Records may be redacted only to the extent necessary to protect personally identifiable information of other children unless disclosure is authorized by law or court order.
(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; 2023 c.189 §1]
2023 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]
2023 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]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 343 - Special Education and Other Specialized Education Services › Section 343.186 - Employee and volunteer reports and sharing of information; prohibition on certain nondisclosure agreements; prohibition on actions related to sharing of certain information.

(1) A school district may not prohibit or discourage a school employee or school volunteer from:
(a) Participating in good faith in interviews with individuals designated by the Department of Education, law enforcement, a court or any other entity involved in the investigation of a complaint under ORS 343.165;
(b) Making a good faith report of a violation of state or federal law involving special education and related services;
(c) Sharing information in good faith with the student or the student’s parent about the services provided or not provided to the student under this chapter;
(d) Reporting in good faith concerns about inappropriate restraint, seclusion or corporal punishment of a student to the student’s parent, the school, law enforcement, a court or other authorities;
(e) Making a report of suspected abuse or neglect, including abuse or neglect that happens at a school, to law enforcement or the Department of Human Services; or
(f) Reporting a suspected violation of the rights of a child with a disability or the rights of any other disabled person within the school district to the state protection and advocacy system.
(2) A school district may not require a student, parent, school employee or school volunteer to sign a nondisclosure agreement related to:
(a) Any violations of law or policy by the school district or by the a school employee or school volunteer involving special education and related services;
(b) The resolution of a complaint, including a complaint concerning the services provided for the student;
(c) Injuries sustained by a student, including injuries sustained due to the inappropriate use of seclusion or restraint; or
(d) The death of a student.
(3) A school district may not otherwise cause a parent or student to believe the school district will reduce or revoke services from a student or impose a financial penalty on a parent or student due to the parent or student’s good faith public or private disclosure of information about any settlement or resolution to a dispute or complaint or about the experience of the parent or student with the school district. [2023 c.189 §5]
Note:
Section 6, chapter 189, Oregon Laws 2023, provides:
Sec. 6.
Section 5 of this 2023 Act [343.186] applies to nondisclosure agreements entered into before, on or after the effective date of this 2023 Act [September 24, 2023]. Any parts of nondisclosure agreements inconsistent with the provisions of section 5 of this 2023 Act are void and unenforceable. [2023 c.189 §6]
2023 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]
2023 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]
2023 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.
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 343 - Special Education and Other Specialized Education Services › Section 343.224 - School district liability for expense of noneducational care.

School districts are not financially responsible for noneducational care of a child with a disability unless that district has participated in development of the child’s individualized education program that clearly documents that the 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; 2013 c.1 §42]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 343 - Special Education and Other Specialized Education Services › Section 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]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 343 - Special Education and Other Specialized Education Services › Section 343.236 - Special education provided by state through local, county or regional program; rules.

(1)(a) 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 low incidence disability. Children with a low incidence disability include, but are not limited to, children who:
(A) Have a visual impairment;
(B) Are deaf or hard of hearing;
(C) Are deafblind;
(D) Have an orthopedic impairment;
(E) Have autism spectrum disorder; or
(F) Have traumatic brain injury.
(b) The superintendent shall designate one of the regional programs that provides special education to children who are blind or visually impaired to provide statewide coordination and technical assistance related to the provision of services described in ORS 346.315 (2).
(c) The program designated under paragraph (b) of this subsection may receive moneys from the Blind and Visually Impaired Student Fund established under ORS 346.315 and distribute those moneys to other regional programs.
(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:
(a) Establish eligibility criteria and educational standards for the programs described in subsection (1) of this section and those programs in the school operated under ORS 346.010.
(b) Develop a method for funding the programs described in subsection (1) of this section in a manner that is consistent with state and federal law.
(4) A school district that 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; 2009 c.562 §§11,12; 2019 c.310 §3; 2021 c.190 §1]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 343 - Special Education and Other Specialized Education Services › Section 343.243 - Receipt of amount from State School Fund for children enrolled in certain programs; calculation of amount received; disposition of amount received.

(1) Each school year, the Department of Education shall receive an amount, as calculated under this section, from the State School Fund to pay the costs of educating children in programs under ORS 343.261, 343.961 and 346.010.
(2) To meet the requirements of ORS 343.261, the department shall receive from the State School Fund an amount that is equal to the product of the following:
(a) The average net operating expenditure per student of all school districts during the preceding school year; and
(b) The number of slots available for students in the hospital programs under ORS 343.261, as determined by the department for the school year.
(3) To meet the requirements of ORS 343.961, the department shall receive from the State School Fund an amount that is equal to the product of the following:
(a) The average net operating expenditure per student of all school districts during the preceding school year; and
(b) The number of slots available for all students in eligible day treatment programs and eligible residential treatment programs under ORS 343.961 for the school year, as determined by the Department of Education based on information received from the Department of Human Services, the Oregon Health Authority, the Oregon Youth Authority and eligible day treatment programs and eligible residential treatment programs.
(4) To meet the requirements of ORS 346.010, the Department of Education shall receive from the State School Fund an amount that is equal to the product of the following:
(a) The average net operating expenditure per student of all school districts during the preceding school year; and
(b) The resident average daily membership of students enrolled in a program under ORS 346.010 for one-half of the school day or more, exclusive of preschool children covered by ORS 343.533.
(5) The children covered by this section shall be enumerated in the average daily membership of the district providing the instruction but the district may not accrue credit for days’ attendance of such children for the purpose of distributing state school funds.
(6) 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.
(7) The department shall credit amounts received from the State School Fund under this section 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; 2009 c.439 §1; 2011 c.701 §3]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 343 - Special Education and Other Specialized Education Services › Section 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]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 343 - Special Education and Other Specialized Education Services › Section 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]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 343 - Special Education and Other Specialized Education Services › Section 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 Science University hospitals and clinics; 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 Science University hospital or clinic or the private hospital is located. The hospital shall be responsible for the costs of transportation, care, treatment and medical expenses. 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 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]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 343 - Special Education and Other Specialized Education Services › Section 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]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 343 - Special Education and Other Specialized Education Services › Section 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 Oregon Youth Authority and Department of Corrections; and
(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]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 343 - Special Education and Other Specialized Education Services › Section 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]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 343 - Special Education and Other Specialized Education Services › Section 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]