reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 343 - Special Education and Other Specialized Education Services › Section 343.331 - Exemptions from applicability of abbreviated school day program requirements.

ORS 343.322, 343.324, 343.326 and 343.328 do not apply to any of the following:
(1) Any abbreviated school days that are a component of discipline imposed in compliance with ORS 339.250, 339.252 or 343.155 (5) or that are the result of a placement made as provided by ORS 343.177.
(2) A student’s exclusion from schools due to the student’s immunization status or due to the student’s exposure to a restrictable disease, as provided by ORS 433.235 to 433.284.
(3) The exclusion of a student from schools or the closure or restriction of access to schools due to actions taken under a public health emergency authorized under ORS 433.441 to 433.452.
(4) A student who has fulfilled all state requirements for graduation with a high school diploma, as described in ORS 329.451 (2), when the parent or foster parent has agreed to the abbreviated school day program.
(5) A student enrolled in a program described in ORS 336.585, 336.590, 339.129, 343.261, 343.961 (1)(c)(A)(i) or 346.010, if the student has meaningful access to the same number of hours of instruction and educational services as the majority of other students enrolled in the same program as the student.
(6) A student whose parent or foster parent has notified an education service district that the student is being taught by a parent, legal guardian or private teacher under ORS 339.035.
(7) A student who is excluded from, or limited access to, school due to a court order.
(8) A high school student who is voluntarily enrolled in an alternative education program in compliance with ORS 336.635, the Expanded Options Program under ORS 340.005 to 340.090 or an accelerated college credit program as defined in ORS 340.300, when:
(a) The majority of the students of the program are not students with disabilities;
(b) The student is not restricted to attending fewer hours of instruction and educational services than the number of hours of instruction and educational services attended by the majority of students without disabilities who are in the same grade and who attend the same program; and
(c) For an alternative education program in which the student is enrolled under ORS 336.635, the school district informs the parent or foster parent, in writing and in a language and format accessible to the parent or foster parent, that upon written request of the parent or foster parent, the student will be immediately restored to a school that allows the student to access the same number of hours of instruction and educational services that are provided to the majority of other students who are in the same grade within the student’s resident school district. [2023 c.290 §6]
Note:
See note under 343.321.
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 343 - Special Education and Other Specialized Education Services › Section 343.333 - No limitation on rights or remedies or on certain expedited hearings.

(1) Nothing in ORS 343.321 to 343.331 is intended to limit or operate as a prerequisite to pursuing any rights or remedies provided under other state or federal statutes or common law.
(2) Nothing in ORS 343.321 to 343.331 is intended to eliminate or limit the ability of a school district to request an expedited hearing as described in ORS 343.165 (7)(b) because the school district believes that not making an abbreviated school day program placement is substantially likely to result in injury to the student or others. When an expedited hearing is conducted pursuant to ORS 343.165 (7):
(a) Notwithstanding ORS 343.167, a hearing officer’s finding that an abbreviated school day program placement is appropriate may not be valid for more than 45 days from the date the decision is entered;
(b) Notwithstanding ORS 343.322, 343.324, 343.326 and 343.328, and if the school district is in compliance with the decision of the hearing officer:
(A) A parent or foster parent may not compel, and the Department of Education may not order, a school district to provide meaningful access to the same number of hours of instruction and educational services that are provided to the majority of other students who are in the same grade within the student’s resident school district; and
(B) The Department of Education may not find the school district is not in compliance with ORS 343.322 (7) and 343.324 (5) and the Teacher Standards and Practices Commission may not take any action described in ORS 343.328 (3); and
(c) The student’s individualized education program team shall immediately meet to review the student’s abbreviated school day program and to revise the student’s individualized education program or 504 Plan to make the documentation described in ORS 343.324 (1)(d). [2023 c.290 §7]
Note:
See note under 343.321.
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 343 - Special Education and Other Specialized Education Services › Section 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]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 343 - Special Education and Other Specialized Education Services › Section 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 for state funds that is submitted by a school district under ORS 343.399 to develop and operate programs for students under a written plan of instruction for talented and gifted children described in ORS 343.397.
(2) "Identification" means the formal process of screening and selecting talented and gifted children according to administrative rules established by the board.
(3) "School district" has the meaning given that term in ORS 330.005 (2). "School district" includes, where appropriate, an education service district, state operated schools or programs or a consortium of school districts submitting a joint application.
(4) "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; 2011 c.440 §2]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 343 - Special Education and Other Specialized Education Services › Section 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.
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 343 - Special Education and Other Specialized Education Services › Section 343.397 - Plan of instruction for talented and gifted children.

(1) A school district shall submit to the Superintendent of Public Instruction a written plan of instruction for talented and gifted children. The plan shall include, but not be limited to:
(a) A statement of school district policy on the education of talented and gifted children;
(b) An assessment of current special programs and services provided by the school district for talented and gifted children;
(c) A statement of school district goals for providing comprehensive special programs and services and over what span of time the goals will be achieved;
(d) A description of the nature of the special programs and services which will be provided to accomplish the goals;
(e) A requirement that each talented and gifted child and the child’s parents have the opportunity to discuss with the school district the programs and services available to the child and to provide input on the programs and services to be made available to the child;
(f) A plan for evaluating progress on the school district plan, including each component program and service; and
(g) The name and contact information for the school district’s coordinator of special educational services and programs for talented and gifted children.
(2)(a) For a plan described in subsection (1) of this section, a school district shall:
(A) Provide the plan when requested at any of the schools of the school district or at the school district’s main office; and
(B) Provide the plan on the school district’s website.
(b) A school district must provide the name and contact information for the school district’s coordinator of special educational services and programs for talented and gifted children:
(A) To the Department of Education annually; and
(B) On the school district’s website in the manner prescribed by the department. [1959 c.528 §§5,6,7; 1963 c.570 §23; 1965 c.100 §410; 1971 c.613 §3; 1979 c.385 §3; 2011 c.440 §1; 2021 c.337 §1]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 343 - Special Education and Other Specialized Education Services › Section 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. A school district may apply for state funds by submitting an application to the Superintendent of Public Instruction.
(2) The superintendent shall annually establish a date after which no further applications for state funds may be submitted under this section.
(3) The superintendent may approve only applications 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 need not be limited to:
(a) A statement of the school district’s present level of special educational programs and services for talented and gifted children and how the special educational programs and services contained in the application conform with the school district’s written plan for instruction for talented and gifted children described in ORS 343.397.
(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 talented and gifted children identified in the school district in terms of the student assessment and evaluation.
(f) An evaluation design that meets standards set forth by the Department of Education.
(4) The superintendent may not approve an application unless the school district agrees to expend district funds for special educational programs for talented and gifted children in an amount equal to or greater than the amount of state funds approved by the superintendent. [1959 c.528 §8; 1963 c.570 §24; 1965 c.100 §411; 1971 c.613 §4; 1979 c.385 §4; 2011 c.440 §3]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 343 - Special Education and Other Specialized Education Services › Section 343.401 - Use of funds appropriated for ORS 343.391 to 343.413.

(1) Except as provided in ORS 343.404, the funds specifically appropriated for the program under ORS 343.391 to 343.413 shall be distributed only to school districts whose applications submitted to the Superintendent of Public Instruction pursuant to ORS 343.399 have been approved.
(2) State funds shall be allocated on an approved program cost basis, the amount of which shall be established annually by the State Board of Education.
(3) School districts shall account for the state funds expended for talented and gifted children identified in the districts 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; 2008 c.39 §3; 2011 c.440 §4]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 343 - Special Education and Other Specialized Education Services › Section 343.404 - Funding for program.

(1) The Superintendent of Public Instruction may annually expend funds appropriated for the talented and gifted program to provide administration of and 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;
(d) Training and assistance for parents of the talented and gifted children in meeting the educational needs of their children; and
(e) Contracting for the creation and administration of regional talented and gifted centers to provide services related to talented and gifted programs. [1971 c.613 §6; 1979 c.385 §6; 1981 c.833 §1; 1987 c.335 §2; 2008 c.39 §4]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 343 - Special Education and Other Specialized Education Services › Section 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]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 343 - Special Education and Other Specialized Education Services › Section 343.411 - When identification and programs for certain children required or optional; state guidelines.

(1) ORS 343.407 and 343.409 apply to the identification of and provision of special educational programs and services for children described in ORS 343.395 (4)(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 children who demonstrate creative abilities, leadership abilities or unusual abilities in the visual or performing arts as described in ORS 343.395 (4)(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; 2011 c.440 §5]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 343 - Special Education and Other Specialized Education Services › Section 343.455 - Providers under Oregon Prenatal to Kindergarten Program to provide early childhood special education.

(1) Providers under the Oregon Prenatal to Kindergarten Program, as defined in ORS 329.175, shall be responsible for providing early childhood special education as defined in ORS 343.035 (5).
(2) Not less than 10 percent of the population of children served by a provider under the Oregon Prenatal to Kindergarten Program shall be children who are eligible to receive early childhood special education. [1991 c.785 §4; 1993 c.45 §231; 2001 c.831 §25; 2023 c.547 §23]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 343 - Special Education and Other Specialized Education Services › Section 343.475 - Program of early childhood special education and early intervention services; rules.

(1)(a) In accordance with rules of the State Board of Education adopted in consultation with the Early Learning Council, the Superintendent of Public Instruction shall collaborate with the Early Learning System Director to develop and administer a statewide, comprehensive, coordinated, multidisciplinary, interagency program of early childhood special education and early intervention services for children with a disability.
(b) The program must ensure that each child with a disability has access to a comprehensive plan for communication that allows the child, by the age of three years, to engage in expressive and receptive communication across all learning, home and community settings. The plan may allow for communication orally, by sign language, by assistive technology or by augmentative communication.
(2) In accordance with rules of the State Board of Education adopted in consultation with the Early Learning Council, the Superintendent of Public Instruction in collaboration with the Early Learning System Director 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 children and their families residing in the service area.
(3) Early childhood special education and early intervention services shall coordinate services with other services provided through the Oregon Early Learning System. The coordination of services shall be consistent with federal and state law.
(4) Children with a disability 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.
(5) 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; 2012 c.37 §89; 2013 c.728 §§10,11; 2021 c.631 §46]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 343 - Special Education and Other Specialized Education Services › Section 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]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 343 - Special Education and Other Specialized Education Services › Section 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 coordinate services with other services provided through the Oregon Early Learning System. 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; 2012 c.37 §90]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 343 - Special Education and Other Specialized Education Services › Section 343.507 - Local early intervention interagency advisory council.

(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 contractor’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 Early Learning Council and representatives from public and private agencies that serve young children and their families, including but not limited to Head Start programs and providers under the Oregon Prenatal to Kindergarten Program, community child care, the Department of Early Learning and Care, local school districts, education service districts, Department of Education regional special education programs, community mental health programs, community 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 of Education 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; 2011 c.720 §76; 2012 c.37 §42; 2013 c.624 §81; 2023 c.547 §26; 2023 c.554 §51]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 343 - Special Education and Other Specialized Education Services › Section 343.511 - Interagency agreements to provide services.

(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 agency’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]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 343 - Special Education and Other Specialized Education Services › Section 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 child’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 child’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]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 343 - Special Education and Other Specialized Education Services › Section 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 child’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]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 343 - Special Education and Other Specialized Education Services › Section 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 child’s eligibility. [Formerly 343.095]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 343 - Special Education and Other Specialized Education Services › Section 343.527 - Requirements for written notice to parents of preschool child with disability.

(1) A contractor or contractor’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 contractor’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 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. [1991 c.749 §18; 1995 c.237 §3; 1999 c.989 §27]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 343 - Special Education and Other Specialized Education Services › Section 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]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 343 - Special Education and Other Specialized Education Services › Section 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]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 343 - Special Education and Other Specialized Education Services › Section 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]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 343 - Special Education and Other Specialized Education Services › Section 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]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 343 - Special Education and Other Specialized Education Services › Section 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 student’s individualized education program, all members of the team concur that the student’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 student’s educational needs. The provision of other appropriate services does not preclude Braille use or instruction. [1993 c.380 §3]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 343 - Special Education and Other Specialized Education Services › Section 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 student’s individualized education program shall specify the extent and nature of the student’s training in Braille, pursuant to standards adopted by rule of the State Board of Education. [1993 c.380 §4]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 343 - Special Education and Other Specialized Education Services › Section 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 Media Center with computer diskettes for literary subjects in a computer-accessible format from which Braille versions of the textbook can be produced. The publisher shall furnish the center with computer diskettes in a computer-accessible format for nonliterary subjects, such as natural sciences, computer science, mathematics and music, when Braille specialty code translation software is available. [1993 c.380 §5]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 343 - Special Education and Other Specialized Education Services › Section 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]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 343 - Special Education and Other Specialized Education Services › Section 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]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 343 - Special Education and Other Specialized Education Services › Section 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]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 343 - Special Education and Other Specialized Education Services › Section 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]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 343 - Special Education and Other Specialized Education Services › Section 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]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 343 - Special Education and Other Specialized Education Services › Section 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]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 343 - Special Education and Other Specialized Education Services › Section 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]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 343 - Special Education and Other Specialized Education Services › Section 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]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 343 - Special Education and Other Specialized Education Services › Section 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]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 343 - Special Education and Other Specialized Education Services › Section 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]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 343 - Special Education and Other Specialized Education Services › Section 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]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 343 - Special Education and Other Specialized Education Services › Section 343.923 - Department duties for programs for students with moderate to severe intellectual disabilities.

The Department of Education shall:
(1) Pursuant to rules of the State Board of Education, require that programs for students with moderate to severe intellectual disabilities 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 intellectual disabilities 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. [1985 c.555 §12; 1989 c.971 §7; 1991 c.795 §11; 2011 c.544 §2]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 343 - Special Education and Other Specialized Education Services › Section 343.941 - Department duties for education of students admitted to pediatric nursing facilities.

(1) As used in this section, "pediatric nursing facility" means a skilled nursing facility, as defined in ORS 442.015, that:
(a) Is licensed by the Department of Human Services; and
(b) Serves pediatric residents, of which 50 percent or more were admitted when 13 years of age or younger and of which 100 percent are 22 years of age or younger.
(2)(a) The Department of Education shall be responsible for the provision of educational services to students admitted to pediatric nursing facilities. Educational services must be provided in the least restrictive environment in which the student can be educated.
(b) The department and the school district in which a pediatric nursing facility is located shall enter into a contract for the purpose of providing educational services to the students admitted to the pediatric nursing facility.
(3)(a) The department shall be responsible for payment of the costs of educational services provided to students admitted to pediatric nursing facilities, including any services required under an individualized education program.
(b) The department shall make payments as required by this subsection from moneys available for that purpose in the Pediatric Nursing Facility Account established in ORS 327.022. Except as provided by ORS 327.023, the department may not make payments from any other moneys in the State School Fund.
(4)(a) A student admitted to a pediatric nursing facility is not considered a resident of any school district.
(b) When a student is discharged from a pediatric nursing facility, the responsibilities imposed by this section terminate and become the responsibilities of the school district in which the student is a resident, as determined pursuant to ORS 339.133 and 339.134. [2014 c.81 §2]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 343 - Special Education and Other Specialized Education Services › Section 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]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 344 - Career and Technical Education; Education Related to Employment › Section 344.059 - Advancement of policy on career and technical education by Department of Education.

The Department of Education shall advance the policy on career and technical education described in ORS 344.055 by:
(1) Administering the distribution of grants or entering into contracts for the purpose of expanding teacher training programs related to career and technical education that can lead to high wage and high demand jobs. Grants awarded, or contracts entered into, under this subsection may be funded with moneys available under ORS 327.372 and must:
(a) Not exceed $250,000 per grant or contract;
(b) Be awarded to, or be entered with, an educator preparation program or an educator preparation provider, regardless of whether courses are offered in a traditional setting, by an alternative delivery method or by an alternative time frame;
(c) Be awarded or entered into for an educator preparation program that has a plan for recruiting students to the program;
(d) Be used to develop and provide coursework that:
(A) Qualifies for credit or as professional development and that satisfies licensure or endorsement requirements; and
(B) Is provided in a broad group of instructional areas that are grouped to give context for academic, technical and career learning; and
(e) To the extent practicable, align with grant distribution requirements of the Career and Technical Education Revitalization Grant Program described in ORS 344.075.
(2) Developing and supporting the infrastructure for an online system that is accessible statewide and that delivers courses and professional development to teachers of career and technical education. For the purpose of this subsection, the department may retain up to eight percent of the moneys available to the department under this section.
(3) Collaborating with the Teacher Standards and Practices Commission to:
(a) Enable experts in trade or industry to become teachers of career and technical education;
(b) Coordinate communications about career and technical education, including communications:
(A) Intended to identify potential teachers of career and technical education from trade or industry;
(B) With experts in trades or industry about the requirements for transitioning from employment in a trade or an industry to teaching; and
(C) With educator preparation programs and educator preparation providers about teaching opportunities related to career and technical education; and
(c) Review statutes and rules for necessary changes and to review and recommend alternative methods to increase available funding options.
(4) Developing and maintaining the website described in ORS 344.141. [2015 c.763 §11; 2015 c.763 §13]