Chapter 343 — Special Education and Other Specialized Education Services

2023 EDITION

SPECIAL EDUCATION; SPECIALIZED EDUCATION

EDUCATION AND CULTURE

SPECIAL EDUCATION

(Generally)

343.035 Definitions for chapter

343.041 Supervision of programs for children with disabilities by Superintendent of Public Instruction; rules; complaint procedure; staff training; public agency cooperative agreements

343.045 Criteria for development and operation of special programs; rules

343.055 Administration of programs by Superintendent of Public Instruction; rules; powers of board

343.065 Employment of personnel to supervise types of services for special programs; duties; distribution of training materials

343.068 Work conditions of school district employees assigned to work with students with specialized needs

343.085 Tuition prohibited

(Procedures)

343.146 Determination of eligibility for special education services; evaluation; reevaluation; examinations and assessments

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

343.151 Individualized education program; contents; procedures; review; revision; rules; standard forms; alternate forms

343.152 Terminology in individualized education program for child with an intellectual disability

343.154 Functional behavioral assessments and behavior intervention plans

343.155 Procedures to protect rights of child with disability; rules

343.156 Limitations on appointment of surrogate to protect educational rights of a child with a disability

343.157 Duty of school districts to identify, locate and evaluate resident children who may have disabilities

343.159 Requirements for written notice to parents of child with disability; contents of notice; language or mode of communication of parent

343.164 Parental consent requirements for evaluation, reevaluation or placement; revocation of consent

343.165 Circumstances requiring hearing; procedures for requesting hearing; rules; expedited hearing; independent hearing officer

343.167 Result of hearing; effect of procedural violations; deadline for decision; cost of hearing; rules

343.173 Parental right to examine district records; independent evaluation; hearing; costs

343.175 Civil action following hearing; deadline; attorney fees; limitations; reduction of fees

343.177 Educational placement during administrative or judicial proceedings; circumstances where placement may be changed

343.181 Transfer of special education rights to child with disability upon age of majority; notices

343.183 Effect of school district failure to comply; withholding funds; expense of independent evaluation

343.186 Employee and volunteer reports and sharing of information; prohibition on certain nondisclosure agreements; prohibition on actions related to sharing of certain information

343.193 Duty to report child with disability not enrolled in special education program; effect of report

(Administration)

343.221 Special education required; district projected activities and cost statement; permitted contracts for services

343.223 Assistive technology devices or services; professional development; rules

343.224 School district liability for expense of noneducational care

343.236 Special education provided by state through local, county or regional program; rules

343.243 Receipt of amount from State School Fund for children enrolled in certain programs; calculation of amount received; disposition of amount received

343.247 Special Education Account

343.261 Instruction of certain hospitalized children; rules

343.285 Use of state funds to match federal funds

343.287 State Advisory Council for Special Education; members; duties; expenses

343.293 Local advisory councils on special education; duties

343.295 Document of successful completion; summary of performance

ABBREVIATED SCHOOL DAY PROGRAMS

343.321 Definitions for ORS 343.321 to 343.331

343.322 Legislative findings; requirements before considering, recommending or implementing abbreviated school day program; determination of abbreviated school days; parental notification; requirement for parental consent; prohibition on unilateral placement on abbreviated school day program

343.324 Requirements for providing abbreviated school day program

343.326 Requirements for individualized education program team meetings; required documentation; notification to Department of Education; reviews of placement

343.328 Right to revoke consent; effect of revocation; complaints to Department of Education; effects of noncompliance

343.331 Exemptions from applicability of abbreviated school day program requirements

343.333 No limitation on rights or remedies or on certain expedited hearings

TALENTED AND GIFTED CHILDREN

343.391 Purpose of ORS 343.391 to 343.413

343.395 Definitions for ORS 343.391 to 343.413

343.396 Nature of programs

343.397 Plan of instruction for talented and gifted children

343.399 State aid to local districts; criteria

343.401 Use of funds appropriated for ORS 343.391 to 343.413

343.404 Funding for program

343.407 Identification of talented and gifted students

343.409 Talented and gifted programs required

343.411 When identification and programs for certain children required or optional; state guidelines

343.413 Short title

SERVICES TO PRESCHOOL CHILDREN WITH DISABILITIES

343.455 Providers under Oregon Prenatal to Kindergarten Program to provide early childhood special education

343.465 Policy on services to preschool children with disabilities; agency coordination of services

Note Effect of unavailability of federal funds on programs for preschool children--1993 c.409 §8

343.475 Program of early childhood special education and early intervention services; rules

343.485 Confidentiality of records; rules

343.495 Operation of early childhood special education or early intervention programs by department

343.499 State Interagency Coordinating Council

343.507 Local early intervention interagency advisory council

343.511 Interagency agreements to provide services

343.513 Eligibility criteria; rules

343.517 Parent-initiated referral to determine eligibility

343.521 Individualized family service plan; rules; forms

343.523 Service coordination requirements for early intervention and early childhood special education

343.527 Requirements for written notice to parents of preschool child with disability

343.531 Procedural safeguards; rules

343.533 Transportation service to preschool children with disabilities; cost

343.534 Allocation of state funds to approved providers

APPROPRIATE LEARNING MEDIA FOR BLIND STUDENTS (BRAILLE)

343.565 Definitions for ORS 343.565 to 343.595

343.575 Proficiency in reading and writing for blind student; use of Braille

343.585 Instruction in Braille; individualized education program requirements

343.595 Requirement that textbook publishers supply material in format from which Braille version can be produced

343.600 State policy encouraging use of Braille

DISADVANTAGED CHILDREN

343.650 Definitions for ORS 343.650 to 343.680

343.660 Facilities and services for disadvantaged children

343.670 Advance payment to districts

343.680 Advance payments and reimbursements to districts of at least 40,000 for operation and construction costs

MIGRANT CHILDREN

343.810 Definitions for ORS 343.810 to 343.835

343.830 Summer programs for migrant children

343.835 Reimbursement; district expenditures not subject to Local Budget Law

MISCELLANEOUS PROVISIONS

343.923 Department duties for programs for students with moderate to severe intellectual disabilities

343.941 Department duties for education of students admitted to pediatric nursing facilities

343.961 Responsibility for costs of education of children in day and residential treatment programs; responsibilities of district providing education; notice required before student dismissed from program

343.010 [Repealed by 1965 c.100 §456]

343.020 [Repealed by 1953 c.110 §2]

343.030 [Repealed by 1953 c.110 §2]

SPECIAL EDUCATION

(Generally)

343.035 Definitions for chapter. As used in this chapter unless the context requires otherwise:

(1) “Child with a disability” means a school-age child who is entitled to a free appropriate public education as specified by ORS 339.115 and who requires special education because the child has been evaluated as having one of the following conditions as defined by rules established by the State Board of Education:

(a) Intellectual disability;

(b) Deafness or being hard of hearing;

(d) Visual impairment, including blindness;

(e) Deafblindness;

(f) Emotional behavior disability;

(g) Orthopedic impairment;

(h) Other health impairment;

(i) Autism spectrum disorder;

(j) Traumatic brain injury;

(k) Specific learning disabilities; or

(L) Developmental delay, if the child is three through nine years of age.

(2) “Decision” means the decision of the hearing officer.

(3) “Determination” means the determination by the school district concerning the identification, evaluation or educational placement of a child with a disability or the provision of a free appropriate public education to the child in a program paid for by the district.

(4) “Developmental delay” means:

(a) Delay, at a level of functioning and in accordance with criteria established by rules of the State Board of Education, in one or more of the following developmental areas:

(A) Cognitive development;

(B) Physical development, including vision and hearing;

(D) Social or emotional development; or

(E) Adaptive development; or

(b) A disability, in accordance with criteria established by rules of the State Board of Education, that can be expected to continue indefinitely and is likely to cause a substantial delay in a child’s development and ability to function independently in society.

(5) “Early childhood special education” means instruction that is:

(a) Free, appropriate and specially designed to meet the unique needs of a preschool child with a disability;

(b) Provided from three years of age until the age of eligibility for kindergarten; and

(A) The home, a hospital, an institution, a special school, a classroom or a community child care setting;

(B) A preschool; or

(6) “Early intervention services” means services for preschool children with disabilities from birth until three years of age that are:

(a) Designed to meet the developmental needs of children with disabilities and the needs of the family related to enhancing the child’s development;

(b) Selected in collaboration with the parents; and

(A) Under public supervision;

(B) By personnel qualified in accordance with criteria established by rules of the State Board of Education; and

(7) “Individualized education program” means a written statement of an educational program for a child with a disability that is developed, reviewed and revised in a meeting in accordance with criteria established by rules of the State Board of Education for each child eligible for special education and related services under this chapter.

(8) “Individualized family service plan” means a written plan of early childhood special education, related services, early intervention services and other services developed in accordance with criteria established by rules of the State Board of Education for each child eligible for services under this chapter.

(9) “Instruction” means providing children and families with information and skills that support the achievement of the goals and outcomes in the child’s individualized family service plan and working with preschool children with disabilities in one or more of the following developmental areas:

(a) Communication development;

(b) Social or emotional development;

(d) Adaptive development; and

(e) Cognitive development.

(10) “Mediation” means a voluntary process in which an impartial mediator assists and facilitates two or more parties to a controversy in reaching a mutually acceptable resolution of the controversy and includes all contacts between a mediator and any party or agent of a party, until such time as a resolution is agreed to by the parties or the mediation process is terminated.

(11) “Order” has the meaning given that term in ORS chapter 183.

(12) “Other services” means those services that may be provided to preschool children with disabilities and to their families that are not early childhood special education or early intervention services and are not paid for with early childhood special education or early intervention funds.

(13) “Parent” means the parent, person acting as a parent or a legal guardian, other than a state agency, of the child or the surrogate parent. “Parent” may be further defined by rules adopted by the State Board of Education.

(14) “Preschool child with a disability” means a child from:

(a) Birth until three years of age who is eligible for early intervention services because the child is experiencing developmental delay or has a diagnosed mental or physical condition that will result in developmental delay; or

(b) Three years of age to eligibility for entry into kindergarten who needs early childhood special education services because the child has been evaluated as having one of the conditions listed under subsection (1) of this section.

(15)(a) “Related services” means transportation and such developmental, corrective and other supportive services as are required to assist a child with a disability to benefit from special education, including:

(A) Speech-language and audiology services;

(B) Interpreting services;

(D) Physical and occupational therapy;

(E) Recreation, including therapeutic recreation;

(F) Social work services;

(G) School nurse services designed to enable a child with a disability to receive a free appropriate public education as described in the individualized education program of the child;

(H) Early identification and assessment of disabilities in children;

(I) Counseling services, including rehabilitation counseling;

(J) Orientation and mobility services;

(K) Medical services for diagnostic or evaluation purposes;

(L) Parent counseling and training; and

(M) Assistive technology.

(b) “Related services” does not include a medical device that is surgically implanted or the replacement of a medical device that is surgically implanted.

(16) “School district” means a common or union high school district that is charged with the duty or contracted with by a public agency to educate children eligible for special education.

(17) “Service coordination” means the activities carried out by a service coordinator to assist and enable a preschool child with a disability and the child’s family to receive the rights, procedural safeguards and services that are authorized under the state’s early intervention and early childhood special education programs and to coordinate access to other services designated on the individualized family service plan.

(18) “Special education” means specially designed instruction that is provided at no cost to parents to meet the unique needs of a child with a disability. “Special education” includes instruction that:

(a) May be conducted in the classroom, the home, a hospital, an institution, a special school or another setting; and

(b) May involve physical education services, speech-language services, transition services or other related services designated by rule to be services to meet the unique needs of a child with a disability.

(19) “Transition services” means a coordinated set of activities for a child with a disability that:

(a) Is designed to be within a results-oriented process;

(b) Is focused on improving the academic and functional achievement of the child to facilitate the child’s transition from school to post-school activities, including post-secondary education, competitive employment, independent living and community inclusion;

(d) May be special education, or related services, and may include earning credit at a community college or public university listed in ORS 352.002.

(20) “Unaccompanied homeless youth” has the meaning given that term in the McKinney-Vento Homeless Assistance Act, 42 U.S.C. 11434a(6).

(21) “Ward of the state” means a child who is temporarily or permanently in the custody of, or committed to, a public or private agency through the action of the juvenile court. “Ward of the state” may be further defined by rules adopted by the State Board of Education. [Formerly 343.212; 1977 c.528 §1; 1983 c.731 §1; 1991 c.749 §§1,1a; 1991 c.795 §1; 1993 c.409 §1; 1993 c.749 §3; 1995 c.280 §29; 1997 c.821 §25; 1999 c.989 §5; 2001 c.900 §242; 2005 c.662 §1; 2007 c.70 §102; 2009 c.255 §1; 2011 c.544 §1; 2013 c.725 §1; 2018 c.25 §1; 2019 c.310 §§1,2]

343.037 [1985 c.555 §14; repealed by 1993 c.749 §4]

343.040 [Repealed by 1953 c.110 §2]

343.041 Supervision of programs for children with disabilities by Superintendent of Public Instruction; rules; complaint procedure; staff training; public agency cooperative agreements. (1) Pursuant to rules of the State Board of Education, the Superintendent of Public Instruction shall be responsible for the general supervision of all special education programs for children with disabilities, early childhood special education and early intervention services for preschool children with disabilities within the state, including all such programs administered by any state agency or common or union high school district or education service district.

(2) All special education programs for children with disabilities, early childhood special education and early intervention services for preschool children with disabilities within this state shall meet the standards and criteria established therefor by the State Board of Education.

(3) The State Board of Education shall adopt by rule procedures whereby the superintendent investigates and resolves complaints that the Department of Education, a local education agency or an early intervention or early childhood special education contractor has violated a federal law or statute that applies to a special education or early childhood special education program. Complaint procedures must comply with the provisions of ORS 343.165.

(4) The State Board of Education shall adopt rules relating to the establishment and maintenance of standards to ensure that personnel providing special education and early childhood special education and early intervention services are appropriately and adequately trained.

(5) The Governor shall direct that agencies affected by this section enter into cooperative agreements to achieve necessary uniformity in meeting the standards and criteria established by the state board under subsection (2) of this section.

(6) The Governor shall direct that each public agency obligated under federal or state law to provide or pay for any services that are also considered special education or related services necessary for ensuring a free appropriate public education to children with disabilities, including but not limited to the Department of Human Services, enter into cooperative agreements with the Department of Education concerning:

(a) Allocation among agencies of financial responsibility for providing services;

(b) Conditions, terms and procedures for reimbursement; and

(7) All cooperative agreements entered into under subsections (5) and (6) of this section shall include procedures for resolving interagency disputes. [1977 c.528 §3; 1989 c.491 §30; 1991 c.749 §2; 1999 c.989 §6; 2005 c.22 §237; 2023 c.189 §7]

343.045 Criteria for development and operation of special programs; rules. The State Board of Education shall establish by rule criteria to guide the development and operation of special programs authorized by this chapter. The Superintendent of Public Instruction shall apply these criteria in certifying such programs for reimbursement specifically provided by law for such programs. The criteria shall be limited to educational services and educational programs and shall not include treatment. [Formerly 343.235; 1975 c.621 §1; 1977 c.714 §10; 1989 c.491 §31]

343.050 [Repealed by 1953 c.110 §2]

343.055 Administration of programs by Superintendent of Public Instruction; rules; powers of board. (1) The Superintendent of Public Instruction shall administer all programs established under this chapter. The State Board of Education, consistent with the provisions of ORS 342.120 to 342.430, shall adopt rules relating to qualifications of teachers, supervisors, work experience coordinators, coordinators of volunteer services and trainers of volunteer personnel, courses of study, admission, eligibility of children, size of special facilities, rooms and equipment, supervision, territory to be served, and such other rules as the board considers necessary to administer this chapter.

(2) Out of such funds as may otherwise be appropriated for the purposes enumerated in this section, the State Board of Education may:

(a) Purchase and prepare equipment and supplies to be loaned to school districts and county or regional special education facilities which provide approved programs for children with disabilities in the public schools.

(b) Contract with and pay an educational institution, either within or without the state, for the purpose of providing educational services for children who are both deaf and blind.

(c) Purchase and prepare equipment and supplies to be loaned to early childhood special education and early intervention contractors that provide approved programs for preschool children with disabilities. [Formerly 343.500; 1967 c.329 §1; 1975 c.621 §2; 1989 c.491 §32; 1991 c.749 §3; 1993 c.45 §199]

343.060 [Repealed by 1953 c.110 §2]

343.065 Employment of personnel to supervise types of services for special programs; duties; distribution of training materials. (1) The Superintendent of Public Instruction shall employ personnel qualified by training and experience to supervise the types of services required by the special programs authorized by this chapter. Personnel so employed shall assist the school districts, county and regional facilities, early childhood special education programs, early intervention services and hospitals in the organization and development of special programs authorized by this chapter, shall have general supervision of such programs, and shall assist school districts, early childhood special education and early intervention contractors in obtaining required services, equipment and materials, particularly where the number of children is too small to justify district or contractor purchase of equipment and materials.

(2) The Department of Education shall distribute to all school districts administrative guidelines, technical assistance materials, practice guidance materials and other training materials it develops for the purpose of assisting school districts in complying with the provisions of this chapter and with rules adopted by the department under this chapter.

(3) Upon receipt of any materials described in subsection (2) of this section, a school district shall distribute copies of the materials to all instructional staff. [Formerly 343.255; 1991 c.749 §4; 1999 c.639 §2; 2009 c.255 §2]

343.068 Work conditions of school district employees assigned to work with students with specialized needs. (1) As used in this section:

(a) “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.

(b) “School district employee” includes all school district employees, including classified and licensed employees regardless of job title or position description.

(c) “Students with specialized needs” includes students who have an individualized education program, a 504 Plan or a behavior intervention plan or who otherwise have specialized educational needs.

(2)(a) Subject to federal laws related to the confidentiality of educational or health records, all school district employees assigned to work with a student with specialized needs to assist the student with the educational, behavioral, medical, health or disability-related support needs of the student must:

(A) Have access to the individualized education program, 504 Plan, behavior intervention plan, medical support protocols or any other documentation related to the school district employee’s responsibilities to assist with the student’s educational, behavioral, medical, health or disability-related support needs.

(B) Be consulted with when the education plan for the student is being developed, reviewed or revised, including being invited to, and compensated for attending, meetings regarding:

(i) The student’s individualized education program, 504 Plan or behavior intervention plan; or

(ii) The student, when the decisions made and issues discussed are related to the responsibilities of the school district employee to support the student or when the school district employee has unique information about the student’s needs and present level of performance.

(b) For the purpose of paragraph (a) of this subsection, a school district employee attending a meeting may not substitute for the participation of a licensed regular education teacher.

(3) All school district employees assigned to work with a student with specialized needs to carry out duties related to the implementation of an individualized education program, 504 Plan, behavior intervention plan or medical support protocol must be provided by the school district with adequate training to safely carry out each of the specialized duties assigned to the school district employee. [2023 c.161 §2]

343.070 [Repealed by 1953 c.110 §2]

343.075 [1965 c.100 §393; 1973 c.728 §5; repealed by 1975 c.621 §17]

343.077 [1975 c.621 §§12,13; 1977 c.530 §1; repealed by 1979 c.423 §1 (343.153 to 343.187 enacted in lieu of 343.077)]

343.080 [Repealed by 1953 c.110 §2]

343.085 Tuition prohibited. No tuition shall be charged to any resident student participating in any special program authorized by this chapter. [1965 c.100 §394; 1993 c.45 §200]

343.090 [Repealed by 1965 c.100 §456]

343.095 [1993 c.409 §3; renumbered 343.523 in 1999]

343.100 [Repealed by 1965 c.100 §456]

343.110 [Repealed by 1965 c.100 §456]

343.120 [Repealed by 1965 c.100 §456]

343.125 [1973 c.730 §2; 1981 c.878 §1; 1991 c.346 §1; 1993 c.45 §202; renumbered 329.255 in 1993]

343.130 [Amended by 1957 c.232 §1; renumbered 343.910]

343.135 [1973 c.730 §3; 1981 c.878 §2; 1991 c.346 §2; renumbered 329.265 in 1993]

343.140 [Repealed by 1965 c.100 §456]

343.145 [1973 c.730 §4; renumbered 329.275 in 1993]

(Procedures)

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;

(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]

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.

343.149 [1999 c.989 §22; repealed by 2005 c.209 §41 and 2005 c.662 §17]

343.150 [Repealed by 1965 c.100 §456]

343.151 Individualized education program; contents; procedures; review; revision; rules; standard forms; alternate forms. (1)(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]

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.

343.153 [1979 c.423 §2 (enacted in lieu of 343.077); 1985 c.555 §11; 1989 c.491 §33; 1991 c.795 §2; repealed by 1993 c.45 §203]

343.154 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.

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;

(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]

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.

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]

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

343.160 [Repealed by 1965 c.100 §456]

343.161 [2017 c.322 §2; 2019 c.295 §1; 2023 c.202 §8; repealed by 2023 c.290 §8]

343.163 [1979 c.423 §5 (enacted in lieu of 343.077); 1991 c.795 §4; repealed by 1993 c.749 §6 (343.164 enacted in lieu of 343.163)]

343.164 Parental consent requirements for 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

(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]

343.165 Circumstances requiring hearing; procedures for requesting hearing; rules; expedited hearing; independent hearing officer. (1)(a) A hearing shall be conducted pursuant to rules of the State Board of Education if:

(A) The parent requests a hearing to contest the determination of the school district concerning the identification, evaluation, individualized education program, educational placement or the provision of a free appropriate public education to the child; or

(B) The school district requests a hearing to obtain a decision regarding whether its identification, evaluation, individualized education program or educational placement of the child is appropriate or whether the district’s proposed action is necessary to provide the child with a free appropriate public education.

(b) Notwithstanding paragraph (a)(B) of this subsection, a school district may not request a hearing if a parent refuses or revokes consent for placement in a program providing special education and related services.

(2)(a) Except as provided in paragraph (b) of this subsection, a hearing described in subsection (1) of this section must be requested within two years after the date of the act or omission that gives rise to the right to request a hearing under subsection (1) of this section.

(b) The timeline described in paragraph (a) of this subsection does not apply to a parent if the parent was prevented from requesting the hearing due to:

(A) Specific misrepresentations by the school district that it had resolved the problem forming the basis of the complaint; or

(B) The school district withholding from the parent information that the district was required to provide under this chapter.

(3) The State Board of Education shall adopt rules that establish when a school district is obligated to initiate a contested case hearing to ensure that a student with a disability is provided with a free appropriate public education.

(4) The rules adopted for a hearing as provided by subsection (1) of this section shall be as consistent as possible with the procedures applicable to a contested case under ORS chapter 183, except that:

(a) The school district is required to provide any evidence without undue delay to:

(A) A parent, if the parent requests the evidence;

(B) The Department of Education, a court or an entity designated by the department or court, if the department, court or entity requests the evidence; or

(C) A parent, the department, a court or an entity designated by the department or court if the evidence was provided to the school district’s attorney and is not subject to attorney-client privilege;

(b) Any evidence provided to a parent, the department, a court or a designated entity of the department or court may be redacted only to the extent necessary to protect personally identifiable information of other students unless disclosure is authorized by law or court order;

(c) Any party to a hearing has the right to prohibit the introduction of any evidence that has not been disclosed to that party at least five business days before the hearing; and

(d) The hearing officer may prohibit the introduction of any evidence regarding evaluations and recommendations based on those evaluations that a party intends to use at the hearing, if the evidence has not been disclosed to the other party at least five business days before the hearing, unless the other party consents to the introduction of the evidence.

(5) Notwithstanding subsection (4) of this section, in an expedited hearing the evidence must be disclosed to the other party not later than two business days before the hearing.

(6) The parent shall be entitled to have the child who is the subject of the hearing present at the hearing and to have the hearing open to the public.

(7) An expedited hearing shall be held if:

(a) In a dispute over a disciplinary action for a child with a disability, the child’s parent disagrees with a determination that the child’s behavior was not a manifestation of the child’s disability or with any decision regarding the child’s educational placement; or

(b) The school district believes that maintaining the current placement for the child is substantially likely to result in injury to the child or others.

(8) The hearing shall be conducted by an independent hearing officer appointed by the Superintendent of Public Instruction. The hearing officer:

(a) Shall not be:

(A) An employee of a school district involved in the education or care of the child;

(B) An employee of the Department of Education; or

(C) A person having any personal or professional interest that would conflict with the person’s objectivity in the hearing.

(b) Shall possess:

(A) Knowledge of, and the ability to understand, the provisions of state and federal special education laws, regulations and legal interpretations by federal and state courts;

(B) The knowledge and ability to conduct hearings in accordance with appropriate standard legal practice; and

(C) The knowledge and ability to render and write decisions in accordance with standard legal practice. [1979 c.423 §6 (enacted in lieu of 343.077); 1989 c.252 §1; 1989 c.491 §35; 1991 c.795 §5; 1993 c.45 §206; 1993 c.749 §8; 1999 c.989 §16; 2001 c.483 §1; 2005 c.662 §5; 2007 c.70 §104; 2009 c.255 §5; 2023 c.189 §2]

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

(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]

343.170 [Repealed by 1965 c.100 §456]

343.173 Parental right to examine district records; independent evaluation; hearing; costs. (1) Notwithstanding the limitation on access to records under ORS 192.311 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]

343.175 Civil action following hearing; deadline; attorney fees; limitations; reduction of fees. (1) A decision under ORS 343.165 is final unless the parent or the school district files a civil action under subsection (2) of this section.

(2) Either party aggrieved by the finding and decision of the hearing officer may commence a civil action in any court of competent jurisdiction.

(3) In any action brought under this section, the court shall receive the records from the administrative proceeding, shall hear additional evidence at the request of a party and, basing its decision on the preponderance of the evidence, shall grant such relief as the court determines is appropriate.

(4) Any civil action brought under this section shall be commenced within 90 days of the date of the hearing officer’s final order.

(5) In any action or proceeding brought under ORS 343.165 or in an appeal from any action or proceeding brought under ORS 343.165, the court, in its discretion, may award reasonable attorney fees as part of costs to:

(a) The parents of a child with a disability, if the parents are the prevailing party;

(b) A prevailing party who is the Department of Education or school district against the attorney of a parent who files a complaint or subsequent cause of action that is frivolous, unreasonable or without foundation, or against the attorney of a parent who continued to litigate after the litigation clearly became frivolous, unreasonable or without foundation; or

(c) A prevailing party who is the Department of Education or a school district against the attorney of a parent, or against the parent, if the parent’s complaint or subsequent cause of action was presented for any improper purpose, such as to harass, to cause unnecessary delay or to needlessly increase the cost of litigation.

(6) Attorney fees awarded under this section shall be based on rates prevailing in the community in which the action or proceeding arose for the kind and quality of services furnished. No bonus or multiplier may be used in calculating these fees.

(7) Attorney fees may not be awarded and related costs may not be reimbursed under this section for services performed after a written offer of settlement to a parent if:

(a) The offer is made within the time prescribed by Rule 68 of the Federal Rules of Civil Procedure, or in case of an administrative hearing, more than 10 days before the hearing begins;

(b) The offer is not accepted within 10 days; and

(8) Notwithstanding subsection (7) of this section, attorney fees and related costs may be awarded to a parent who is the prevailing party and who was substantially justified in rejecting the settlement offer.

(9) Attorney fees may not be awarded relating to any meeting of the individualized education program team unless the meeting is convened as a result of an administrative proceeding under ORS 343.165, or as a result of judicial action. A resolution session is not considered a meeting convened as a result of an administrative hearing or judicial action, or an administrative hearing or judicial action.

(10) Attorney fees may not be awarded for a mediation that is conducted before a request for a hearing under ORS 343.165.

(11) The court shall reduce the amount of attorney fees awarded under this section if:

(a) The parent unreasonably protracted the final resolution of the controversy;

(b) The amount of the attorney fees unreasonably exceeds the hourly rate prevailing in the community for similar services by attorneys of reasonably comparable skill, reputation and experience;

(d) In requesting a hearing under ORS 343.165 (1)(a)(A), the attorney representing the parent did not provide written notice to the Superintendent of Public Instruction that included:

(A) The child’s name, address and school;

(B) A description of the problem and facts relating to the problem; and

(12) The court shall not reduce fees under subsection (11) of this section if:

(a) The school district unreasonably protracted the final resolution of the controversy; or

(b) The school district violated the procedural safeguards as set forth in ORS 343.146 to 343.183. [1979 c.423 §9 (enacted in lieu of 343.077); 1983 c.731 §9; 1989 c.252 §4; 1993 c.45 §208; 1993 c.749 §12; 1999 c.989 §19; 2001 c.104 §116; 2005 c.662 §7; 2023 c.189 §9]

343.177 Educational placement during administrative or judicial proceedings; circumstances where placement may be changed. (1) During the pendency of any administrative or judicial proceedings concerning the identification, evaluation or educational placement of the child or the provision of a free appropriate public education to the child, the child shall remain in the then current educational program placement.

(2) Notwithstanding subsection (1) of this section, the placement of a child may be changed if:

(a) The parent consents to placement in a program provided or selected by the district at the district’s expense until the parent provides a written revocation of consent or until the proceedings referred to in subsection (1) of this section are completed if applying for initial admission to a public school;

(b) The parent and the school district agree to temporary placement in some other program;

(c) The school district orders a change in placement to an appropriate interim alternative educational setting for up to 45 school days without regard to whether the behavior is determined to be a manifestation of the child’s disability:

(A) Due to a weapon, illegal drug or controlled substance incident; or

(B) Because the child has inflicted serious bodily injury upon another person while at school, on school premises or at a school function under the jurisdiction of the Department of Education or school district;

(d) A hearing officer orders a change in placement to an appropriate interim alternative educational setting for up to 45 school days due to the substantial likelihood of injurious behavior, pursuant to rules of the State Board of Education; or

(e) School personnel order a change in placement to an interim alternative educational setting for more than 10 school days for a child with a disability who violates a code of student conduct and the behavior that gave rise to the violation is determined not to be a manifestation of the child’s disability.

(3) If the placement of a child with a disability is changed under subsection (2)(e) of this section:

(a) The relevant disciplinary procedures applicable to children without disabilities may be applied to the child in the same manner and for the same duration as the disciplinary procedures would be applied to children without disabilities;

(b) The child continues to be entitled to a free appropriate public education under ORS 339.252, although the education may be provided in an interim alternative educational setting; and

(c) The child shall remain in the interim alternative educational setting pending the decision of a hearing officer or until the expiration of the school district’s determination of duration of the change in placement under paragraph (a) of this subsection, whichever occurs first.

(4) For the purposes of subsection (2)(b) of this section, a decision of a hearing officer under ORS 343.165 that agrees with the child’s parents that a change of placement is appropriate shall be treated as an agreement between the school district and the parents. [1979 c.423 §10 (enacted in lieu of 343.077); 1991 c.795 §7; 1993 c.749 §13; 1995 c.237 §1; 1999 c.989 §20; 2005 c.662 §8; 2009 c.255 §6]

343.180 [Repealed by 1965 c.100 §456]

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

(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]

343.183 Effect of school district failure to comply; withholding funds; expense of independent evaluation. (1) In addition to and not in lieu of any other sanction that may be imposed against a noncomplying school district, the Superintendent of Public Instruction may withhold all or any part of the funds otherwise due a district for special education until the district complies with the requirements of ORS 343.146 to 343.183.

(2) If the Superintendent of Public Instruction finds that the school district has refused to pay for the independent evaluation when the results thereof required the determination of the school district to be revised significantly, the superintendent may withhold from funds due the district for special education an amount not to exceed the expense incurred by the parent in obtaining the independent evaluation. The superintendent shall use the funds thus withheld for payment of the costs of the independent evaluation. [1979 c.423 §11 (enacted in lieu of 343.077); 1989 c.491 §37]

343.185 [1979 c.423 §12 (enacted in lieu of 343.077); 1983 c.294 §1; 1989 c.158 §1; repealed by 1991 c.795 §15]

343.186 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]

343.187 [1979 c.423 §14 (enacted in lieu of 343.077); 1989 c.491 §38; 1991 c.795 §8; renumbered 339.623 in 1991]

343.190 [Repealed by 1965 c.100 §456]

343.193 Duty to report child with disability not enrolled in special education program; effect of report. (1) Any public or private official having reasonable cause to believe that any child with whom the official comes in contact officially is a child with a disability who is eligible for but not enrolled in a special education program shall report to the Superintendent of Public Instruction the 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]

343.195 [1991 c.795 §16; 1993 c.45 §212; repealed by 1999 c.989 §36]

343.200 [Repealed by 1965 c.100 §456]

343.210 [Repealed by 1955 c.721 §1]

343.211 [1959 c.510 §2 (343.211 to 343.291 and 343.990(2) enacted in lieu of 343.234 to 343.304 as compiled in 1957 Replacement Part); repealed by 1965 c.100 §395 (343.212 enacted in lieu of 343.211)]

343.212 [1965 c.100 §396 (enacted in lieu of 343.211); 1969 c.291 §1; 1975 c.621 §4; renumbered 343.035]

343.216 [1953 c.444 §§1,2; repealed by 1955 c.721 §1]

343.218 [1953 c.444 §§3,4; repealed by 1955 c.721 §1]

343.220 [Repealed by 1953 c.710 §23]

(Administration)

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]

343.222 [1953 c.444 §6; repealed by 1955 c.721 §1]

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.

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]

343.225 [1959 c.510 §5 (343.211 to 343.291 and 343.990(2) enacted in lieu of 343.234 to 343.304 as compiled in 1957 Replacement Part); 1963 c.544 §48; repealed by 1965 c.100 §456]

343.227 [1965 c.100 §398; 1975 c.621 §5; 1993 c.45 §213; 1993 c.316 §1; repealed by 1999 c.989 §36]

343.230 [Repealed by 1953 c.710 §23]

343.231 [1959 c.510 §6 (343.211 to 343.291 and 343.990(2) enacted in lieu of 343.234 to 343.304 as compiled in 1957 Replacement Part); repealed by 1965 c.100 §456]

343.234 [1953 c.710 §2; repealed by 1959 c.510 §1 (343.211 to 343.291 and 343.990(2) enacted in lieu of 343.234 to 343.304 as compiled in 1957 Replacement Part)]

343.235 [1959 c.510 §11 (343.211 to 343.291 and 343.990(2) enacted in lieu of 343.234 to 343.304 as compiled in 1957 Replacement Part); 1965 c.100 §389; renumbered 343.045]

343.236 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;

(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]

343.238 [1953 c.710 §3; repealed by 1959 c.510 §1 (343.211 to 343.291 and 343.990(2) enacted in lieu of 343.234 to 343.304 as compiled in 1957 Replacement Part)]

343.239 [2001 c.64 §1; 2009 c.562 §24; repealed by 2021 c.190 §3]

343.240 [Repealed by 1953 c.710 §23]

343.241 [1959 c.510 §3 (343.211 to 343.291 and 343.990(2) enacted in lieu of 343.234 to 343.304 as compiled in 1957 Replacement Part); repealed by 1965 c.100 §456]

343.243 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]

343.244 [1953 c.710 §7; repealed by 1959 c.510 §1 (343.211 to 343.291 and 343.990(2) enacted in lieu of 343.234 to 343.304 as compiled in 1957 Replacement Part)]

343.245 [1959 c.510 §7 (343.211 to 343.291 and 343.990(2) enacted in lieu of 343.234 to 343.304 as compiled in 1957 Replacement Part); repealed by 1965 c.100 §456]

343.246 [1993 c.749 §11; repealed by 2001 c.36 §3]

343.247 Special Education Account. (1) There is established in the General Fund a separate account to be known as the Special Education Account. All moneys received by the Department of Education under this section shall be deposited in the State Treasury to the credit of the account and appropriated continuously for purposes of ORS 343.261, 343.961 and 346.010. The account shall be divided into two subaccounts:

(a) A subaccount for education under ORS 343.261 and 343.961.

(b) A subaccount for education under ORS 346.010.

(2) If the amount credited under subsection (1)(a) of this section and the General Fund appropriation for these programs are not adequate to meet costs, the Department of Education shall submit a revised budget to the Legislative Assembly or, if the Legislative Assembly is not in session, the Emergency Board. [1985 c.555 §8; 1993 c.45 §215]

343.248 [1953 c.710 §8; repealed by 1959 c.510 §1 (343.211 to 343.291 and 343.990(2) enacted in lieu of 343.234 to 343.304 as compiled in 1957 Replacement Part)]

343.250 [Repealed by 1953 c.710 §23]

343.251 [1959 c.510 §8 (343.211 to 343.291 and 343.990(2) enacted in lieu of 343.234 to 343.304 as compiled in 1957 Replacement Part); repealed by 1965 c.100 §456]

343.254 [1953 c.710 §9; repealed by 1959 c.510 §1 (343.211 to 343.291 and 343.990(2) enacted in lieu of 343.234 to 343.304 as compiled in 1957 Replacement Part)]

343.255 [1959 c.510 §9 (343.211 to 343.291 and 343.990(2) enacted in lieu of 343.234 to 343.304 as compiled in 1957 Replacement Part); 1965 c.100 §391; renumbered 343.065]

343.258 [1953 c.710 §11; repealed by 1959 c.510 §1 (343.211 to 343.291 enacted in lieu of 343.234 to 343.304 as compiled in 1957 Replacement Part)]

343.260 [Repealed by 1953 c.710 §23]

343.261 Instruction of certain hospitalized children; rules. Under rules adopted by the State Board of Education:

(1) The Superintendent of Public Instruction, in cooperation with the hospital authorities, shall be responsible for payment of the cost and oversight of the educational programs for children through 21 years of age in the following institutions:

(a) State-operated hospitals;

(b) The Oregon Health and Science University hospitals and clinics; and

(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

(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]

343.264 [1953 c.710 §§12,15; repealed by 1959 c.510 §1 (343.211 to 343.291 and 343.990(2) enacted in lieu of 343.234 to 343.304 as compiled in 1957 Replacement Part)]

343.265 [1959 c.510 §13 (343.211 to 343.291 and 343.990(2) enacted in lieu of 343.234 to 343.304 as compiled in 1957 Replacement Part); repealed by 1965 c.100 §456]

343.268 [1953 c.710 §§13,14; repealed by 1959 c.510 §1 (343.211 to 343.291 and 343.990(2) enacted in lieu of 343.234 to 343.304 as compiled in 1957 Replacement Part)]

343.270 [Repealed by 1953 c.710 §23]

343.271 [1959 c.510 §12 (343.211 to 343.291 enacted in lieu of 343.234 to 343.304 as compiled in 1957 Replacement Part); 1965 c.100 §403; 1971 c.602 §11; 1975 c.621 §9; repealed by 1993 c.45 §216]

343.274 [1953 c.710 §§5,10,19; repealed by 1959 c.510 §1 (343.211 to 343.291 and 343.990(2) enacted in lieu of 343.234 to 343.304 as compiled in 1957 Replacement Part)]

343.275 [1959 c.510 §14 (343.211 to 343.291 and 343.990(2) enacted in lieu of 343.234 to 343.304 as compiled in 1957 Replacement Part); repealed by 1965 c.100 §456]

343.277 [1965 c.100 §405; 1971 c.449 §5; repealed by 1993 c.45 §217]

343.278 [1953 c.710 §§20,21; repealed by 1959 c.510 §1 (343.211 to 343.291 and 343.990(2) enacted in lieu of 343.234 to 343.304 as compiled in 1957 Replacement Part)]

343.280 [Repealed by 1953 c.710 §23]

343.281 [1959 c.510 §15 (343.211 to 343.291 and 343.990(2) enacted in lieu of 343.234 to 343.304 as compiled in 1957 Replacement Part); 1965 c.100 §406; 1969 c.519 §1; 1975 c.621 §10; 1977 c.714 §7; 1985 c.555 §16; 1987 c.158 §60; repealed by 1991 c.780 §30]

343.283 [1985 c.555 §13; repealed by 1991 c.780 §30]

343.284 [1953 c.710 §4; repealed by 1959 c.510 §1 (343.211 to 343.291 and 343.990(2) enacted in lieu of 343.234 to 343.304 as compiled in 1957 Replacement Part)]

343.285 Use of state funds to match federal funds. Where federal funds are made available on a matching basis for special education, state funds available for special education may be used to match the federal funds. [1959 c.710 §§16,17,20 (343.211 to 343.291 and 343.990(2) enacted in lieu of 343.234 to 343.304 as compiled in 1957 Replacement Part); 1963 c.570 §18; 1965 c.100 §407; 1969 c.519 §2; 1975 c.621 §11]

343.287 State Advisory Council for Special Education; members; duties; expenses. (1) There is created a State Advisory Council for Special Education, consisting of members appointed by the Superintendent of Public Instruction. Members shall be representative of the geographic areas of this state.

(2) Members must include:

(a) Individuals with disabilities;

(b) Parents or guardians of children with disabilities ages birth through 26;

(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;

(d) Assist the state in developing and reporting data and evaluations concerning special education;

(e) Advise the Department of Education in developing corrective action plans to address findings identified in federal monitoring reports on special education; and

(f) Advise the Department of Education in developing and implementing policies relating to the coordination of services for children with disabilities.

(5) Out of the funds appropriated to the Department of Education, the department shall reimburse members for necessary travel and other expenses under ORS 292.495 (2). [Formerly 343.530; 1977 c.30 §1; 1989 c.158 §2; 1989 c.491 §40; 1993 c.45 §220; 1999 c.989 §23; 2001 c.104 §118; 2005 c.662 §9]

343.288 [1953 c.710 §18; repealed by 1959 c.510 §1 (343.211 to 343.291 and 343.990(2) enacted in lieu of 343.234 to 343.304 as compiled in 1957 Replacement Part)]

343.290 [Repealed by 1953 c.710 §23]

343.291 [1959 c.510 §18 (343.211 to 343.291 and 343.990(2) enacted in lieu of 343.234 to 343.304 as compiled in 1957 Replacement Part); repealed by 1965 c.100 §456]

343.293 Local advisory councils on special education; duties. (1) Every school district, combination of districts or education service district that operates or plans to operate a program of special education under ORS 343.035 and 343.221 may appoint one or more local advisory councils consisting primarily of parents of children being served in special education programs.

(2) Each advisory council shall select its own chairperson and vice chairperson and fix the duties of its officers.

(3) Each local advisory council shall review all aspects of the special program and report to the district school board, or boards or to the education service district board. The local council shall also make recommendations to the Superintendent of Public Instruction as to appointments to the State Advisory Council for Special Education. [Formerly 343.525; 1989 c.158 §3]

343.294 [1953 c.710 §16; repealed by 1959 c.510 §1 (343.211 to 343.291 and 343.990(2) enacted in lieu of 343.234 to 343.304 as compiled in 1957 Replacement Part)]

343.295 Document of successful completion; summary of performance. (1) A school district shall award to children with disabilities a document certifying successful completion of program requirements. A school district may not issue a document to a child with a disability educated in full or in part in a special education program that indicates the document is issued by such a program.

(2) A school district shall give to a child with disability who has an individualized education program an individualized summary of performance when the child completes high school. [1975 c.621 §3; 1993 c.45 §221; 2007 c.660 §8]

343.298 [1953 c.710 §17; repealed by 1959 c.510 §1 (343.211 to 343.291 and 343.990(2) enacted in lieu of 343.234 to 343.304 as compiled in 1957 Replacement Part)]

343.300 [Repealed by 1953 c.710 §23]

343.301 [1959 c.58 §1; 1965 c.100 §408; repealed by 1975 c.621 §17]

343.303 [1985 c.555 §28; repealed by 1991 c.780 §30]

343.304 [1953 c.701 §23; repealed by 1959 c.510 §1 (343.211 to 343.291 and 343.990(2) enacted in lieu of 343.234 to 343.304 as compiled in 1957 Replacement Part)]

343.305 [1971 c.449 §1; 1973 c.827 §33; 1979 c.639 §5; 1979 c.700 §2; repealed by 1985 c.555 §26]

343.307 [1971 c.449 §2; repealed by 1985 c.555 §26]

343.310 [Repealed by 1953 c.710 §23]

343.315 [1957 c.556 §2; repealed by 1963 c.570 §33]

343.320 [Repealed by 1953 c.710 §23]

ABBREVIATED SCHOOL DAY PROGRAMS

343.321 Definitions for ORS 343.321 to 343.331. As used in ORS 343.321 to 343.331:

(1) “Abbreviated school day” means any school day during which a student with a disability receives instruction or educational services for fewer hours than the majority of other students who are in the same grade within the student’s resident school district.

(2) “Abbreviated school day program” means an education program:

(a) In which a school district restricts access for a student with a disability to hours of instruction or educational services to less than the number of hours of instruction or 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) That results in a student with a disability having an abbreviated school day for more than 10 school days per school year.

(3)(a) “Educational services” includes any social, learning, enrichment, community or support opportunity or benefit that is offered during the school day to the majority of other students who are in the same grade within a student’s resident school district, including:

(A) Passing time between classes;

(B) Time reasonably needed to transport a student between locations during the school day if the student receives hours of instruction or educational services in more than one location on the same day;

(D) Nonacademic assemblies and field trips;

(E) Job shadows, internships and community service activities arranged by the school or school district;

(F) Optional school programs held during the school day, including study periods and advisory periods that are open to the majority of students in the school;

(G) Lunch periods or other meal or snack periods provided to the majority of students of the school; and

(H) Reasonable access to school facilities during noninstructional time that is equal to the access available to the majority of other students who are in the same grade within the student’s resident school district.

(b) “Educational services” does not include time being transported to or from school or time traveling between a classroom and transportation before or after the school day.

(4) “504 Plan” means an education plan developed for a student with a disability in accordance with section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794.

(5) “Foster parent” means the foster parent of a child or ward who is in the legal custody of the Department of Human Services as provided in ORS 418.015 or 419B.337 and who has been placed in substitute care.

(6) “Hours” includes any fraction of an hour.

(7) “Individualized education program team” includes, when applicable, a team that develops a 504 Plan.

(8) “Informed and written consent” means that a student’s parent or foster parent has signed and dated a written consent form affirming that:

(a) The parent or foster parent received the information described in ORS 343.324 (2) and (3);

(b) The parent or foster parent was not asked to provide consent for an abbreviated school day program placement before having an opportunity to meaningfully participate in a meeting of the individualized education program team;

(c) The school district offered, and the individualized education program team considered, at least one reasonable alternative placement, as described in ORS 343.324 (1)(c), prior to requesting that the parent or foster parent provide consent for an abbreviated school day program placement;

(d) The parent or foster parent was informed that the individualized education program team will meet at least once every 30 calendar days during the school year unless the parent or foster parent provides signed consent to meet less frequently as provided in ORS 343.326 (2)(b)(B);

(e) The parent or foster parent was informed that if, during the school year, the individualized education program team is scheduled to convene less frequently than once every 30 calendar days during the abbreviated school day program, the school district must convene an individualized education program team meeting within 14 calendar days of receiving a written request from the parent or foster parent for the meeting;

(f) The parent or foster parent voluntarily signed the consent form for the abbreviated school day program placement; and

(g) The parent or foster parent was informed of the right to revoke consent, in writing, to an abbreviated school day program placement at any time and informed that the parent or foster parent is not required to request or attend an individualized education program team meeting prior to revoking consent to an abbreviated school day program placement.

(9)(a) “Instruction” means the time during which a student is:

(A) Engaged in regularly scheduled instruction, learning activities or learning assessments that are designed to meet Common Curriculum Goals or grade level academic content standards or engaged in specially designed instruction that is individualized to support a student to make meaningful progress in the general curriculum.

(B) Working under the direction and supervision of a licensed or registered teacher, a licensed career and technical education instructor, a licensed practitioner or an instructional assistant who is assigned instructionally related activities and is working under the direct supervision of a licensed or registered teacher.

(b) “Instruction” does not include time spent:

(A) Passing between class, at recess, in nonacademic assemblies, on nonacademic field trips, traveling to or from school, loading or unloading from a school bus at the start or end of the student’s school day, participation in optional programs or participation in study periods or advisory periods when attendance is not required and no instructional assistance is provided.

(B) In an online learning program during which the student is unable to access the materials or benefit from instruction because the school district has not provided the student with the supports necessary to access the materials or instruction, including the support of an instructional assistant, nursing services, adapted materials or other related services identified in the student’s individualized education program or 504 Plan as being necessary for a free appropriate public education.

(10) “Meaningful access” means access to full-time, quality instruction or educational services that is:

(a) Delivered by:

(A) A qualified licensed teacher; or

(B) Qualified classified staff who are under the direct supervision of a qualified licensed teacher; and

(b) Synchronous, unless the instruction or educational services are provided by a virtual public charter school in compliance with ORS chapter 338.

(11) “Parent” includes:

(a) A parent or a legal guardian, other than a state agency.

(b) The student, if the student is 18 years of age or older or is emancipated pursuant to ORS 419B.550 to 419B.558.

(12) “Resident school district” means the school district in which a student is a resident under ORS 339.133.

(13) “School district” includes an education service district.

(14) “Student with a disability” means a student who:

(a) Is eligible for special education and related services, as provided by ORS chapter 343;

(b) Has a disability under section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, and is eligible for a 504 Plan; or

(c) Has not been determined to be eligible for special education and related services, as provided by ORS chapter 343, or to be eligible for a 504 Plan, but for whom a request or referral for evaluation for eligibility determination has been made but not yet completed.

(15) “Unilaterally place” means a placement by a school district without the informed and written consent of the student’s parent or foster parent. [2023 c.290 §1]

Note: 343.321 to 343.333 were enacted into law by the Legislative Assembly but were 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.

(a) Students with disabilities have a right to meaningful access to the same number of hours of instruction and educational services as the majority of students without disabilities who are in the same grade within the student’s resident school district.

(b) Removal from school is neither a service nor support for students with disabilities.

(c) Use of an abbreviated school day program for students with disabilities should be infrequent and, under most circumstances, should be used for a limited duration.

(2) Before considering or recommending a student with a disability for an abbreviated school day program, a school district must document reasonable efforts 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.

(3) A school district may not consider, recommend or implement an abbreviated school day program due to the school district, or a contractor with the school district, having inadequate staffing available for instruction or educational services.

(4) For the purpose of determining if an abbreviated school day program has been implemented, or of determining if a student with a disability has received an abbreviated school day for more than 10 school days, the following are considered examples of an abbreviated school day:

(a) The school district implementing policies or taking actions that are not applied to the majority of other students who are in the same grade within the student’s resident school district and that cause the student to start school late, to leave school early or to not come to school due to:

(A) Lack of school district personnel, including instructional assistants, nursing staff and transportation providers;

(B) Convenience of school district staff; or

(C) Behaviors related to the student’s disability, unless the schedule is provided pursuant to ORS 339.250, 339.252, 343.155 (5) or 343.177.

(b) The school district releasing the student early from school or requesting or requiring the student not to come to school due to any illness that would not typically have the same effect for the majority of other students who are in the same grade within the student’s resident school district.

(c) The school district requesting the student to not attend, prohibiting the student from attending or otherwise making attendance inaccessible for a planned activity, including a field trip, a special event or an outdoor school program.

(d) The school district imposing temporary lack of access to education facilities due to construction, special events or weather when that lack of access does not apply to the majority of other students who are in the same grade within the student’s resident school district.

(e) The school district providing transportation that arrives at the student’s school after the start of the school day or leaves from the student’s school before the end of the school day and that causes the student to receive fewer hours of instruction or educational services than the number of hours provided to the majority of other students who are in the same grade within the student’s resident school district.

(f) The school district failing to provide transportation identified in the student’s individualized education program or 504 Plan.

(g) The student being placed in a program or school when:

(A) The program or school offers all students attending the program or school fewer hours of instruction and educational services than are provided to the majority of other students who are in the same grade within the student’s resident school district; and

(B) The student’s resident school district does not provide the student with an additional placement that ensures that the student has 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.

(5) If an individualized education program team recommends that a student with a disability be placed in a program or school that offers fewer hours of instruction and educational services than are provided to the majority of other students who are in the same grade within the student’s resident school district, the school district must inform the parent or foster parent in a language and format accessible to the parent or foster parent of the following:

(a) That placement in the program or school would be an abbreviated school day program placement unless a sufficient number of additional hours of instruction or educational services are provided to the student to ensure that the student has meaningful access to at least the same total 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 number of hours of instruction and educational services that, over the course of two ordinary full school weeks, the student will not be able to access while placed on the abbreviated school day program if the student is not provided additional hours of instruction or educational services as described in paragraph (a) of this subsection.

(6)(a) When a school district places a student with a disability in a school or program, the student’s resident school district shall ensure that the student has 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 unless the student’s parent or foster parent has provided informed and written consent for an abbreviated school day program placement.

(b) Prior to the placement of a student with a disability in a school or program, the student’s resident school district shall ensure that the student has 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.

(c) When calculating the number of hours of instruction and educational services that are provided by a school or program that operates on a different schedule than the schedule of the resident school district of a student with a disability, the resident school district must compare the total number of hours of instruction and educational services offered over the course of two ordinary full school weeks to determine whether the student will have 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 in the student’s resident school district.

(d) The requirements of this subsection apply regardless of whether the resident school district has control over the school or program that the school district is considering placing the student with a disability in, including schools and programs that provide services under a contract with a school district or that serve students from multiple school districts.

(7) A school district may not unilaterally place a student with a disability on an abbreviated school day program, regardless of the age of the student. [2023 c.290 §2]

Note: See note under 343.321.

343.324 Requirements for providing abbreviated school day program. A school district may not provide an abbreviated school day program to a student with a disability unless all of the following are satisfied:

(1) The student’s individualized education program team:

(a) Recommends that the student should be placed on an abbreviated school day program:

(A) Based on the student’s individual needs, which may not include consideration of a lack of school district resources, including:

(i) Licensed or classified staff;

(ii) Availability of training;

(iii) Accessible facilities; and

(iv) Related services, including nursing services and transportation services; and

(B) After the opportunity for the student’s parent or foster parent to meaningfully participate in a meeting of the individualized education program team to discuss an abbreviated school day program placement, including the reasonable opportunity to physically attend the meeting of the individualized education program team at which the abbreviated school day program placement is discussed.

(b) Makes determinations about the instruction and educational services to be offered to the student based on the student’s individual needs.

(c) Documents that the school district offered at least one reasonable alternative placement that included appropriate supports for the student and that could enable the student to have 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.

(d) Documents the specific provisions of the abbreviated school day program, including:

(A) How the abbreviated school day program will be designed to:

(i) Support the student’s return to a school day program that is not an abbreviated school day program; and

(ii) Make progress toward the student’s individualized learning goals and progress in the general curriculum;

(B) The number of hours of instruction and educational services to be provided to the student while the student is placed on the abbreviated school day program;

(C) How the student’s progress toward the student’s individualized learning goals and progress in the general curriculum will be measured; and

(D) The date by which the student is expected to return to a school day program that is not an abbreviated school day program.

(2) Prior to the discussion of the abbreviated school day program placement, the school district provides a written statement to the student’s parent or foster parent in a language and format accessible to the parent or foster parent informing the parent or foster parent of:

(a) The student’s right to have meaningful access to the same number of hours of instruction and educational services as the majority of other students who are in the same grade within the student’s resident school district;

(b) The prohibition on the school district to unilaterally place a student with a disability on an abbreviated school day program; and

(c) The parent’s or foster parent’s right, at any time, to withdraw consent for an abbreviated school day program placement or to request a meeting of the student’s individualized education program team to discuss whether the student should no longer be placed on an abbreviated school day program.

(3) The school district provides a written statement summarizing the documentation described in subsection (1)(c) and (d) of this section in a language and format accessible to the parent or foster parent.

(4) The school district receives a signed acknowledgment from the parent or foster parent acknowledging receipt of the written statement described in subsection (2) of this section.

(5) The parent or foster parent provides informed and written consent for the abbreviated school day program placement. [2023 c.290 §3]

Note: See note under 343.321.

343.325 [1957 c.556 §1; repealed by 1963 c.570 §33]

343.326 Requirements for individualized education program team meetings; required documentation; notification to Department of Education; reviews of placement. (1) When a student with a disability is placed on an abbreviated school day program, the provisions of this section apply.

(2) For each student with a disability placed on an abbreviated school day program, the school district shall:

(a) Prior to each meeting of the student’s individualized education program team, provide the following information in writing to the parent or foster parent of the student in a language and format accessible to the parent or foster parent:

(A) The school district’s duty to comply with the requirements of ORS 343.321 to 343.331;

(B) The prohibition against a school district unilaterally placing a student with a disability on an abbreviated school day program;

(C) The student’s right to have meaningful access to the same number of hours of instruction and educational services as the majority of other students who are in the same grade within the student’s resident school district; and

(D) The parent’s or foster parent’s right, at any time, to withdraw consent for an abbreviated school day program placement or to request a meeting of the student’s individualized education program team to discuss whether the student should no longer be placed on an abbreviated school day program.

(b) Hold a meeting of the student’s individualized education program team to review the student’s abbreviated school day program as described in paragraph (c) of this subsection. During the school year, a meeting must be held:

(A) No fewer than 25 calendar days and no more than 35 calendar days after the initial placement on the abbreviated school day program.

(B) No less frequently than once every 30 calendar days, starting after the meeting described in subparagraph (A) of this paragraph, unless the parent or foster parent provides written consent to meet less frequently than once every 30 calendar days. Notwithstanding written consent provided under this subparagraph:

(i) In no event may a meeting be held less frequently than:

(I) Once every 90 calendar days for a student with an individualized education program, starting after the meeting described in subparagraph (A) of this paragraph;

(II) Once every year for a student with a 504 Plan, starting after the meeting described in subparagraph (A) of this paragraph;

(III) Once every year for a student who is enrolled in a virtual public charter school that operates in compliance with ORS chapter 338 and who has meaningful access to the same number of hours of instruction and educational services as the majority of other students who are not disabled students and who are in the same grade within the school, starting after the meeting described in subparagraph (A) of this paragraph; or

(IV) Once every year for a student receiving educational services in a pediatric nursing facility as provided in ORS 343.941, starting after the meeting described in subparagraph (A) of this paragraph; and

(ii) A meeting must be held within 14 calendar days of a parent or foster parent requesting a meeting.

(c) During each meeting of the student’s individualized education program team while the student is placed on the abbreviated school day program:

(A) Obtain from the parent or foster parent a signed acknowledgement that the parent or foster parent received the information described in paragraph (a) of this subsection;

(B) Review the student’s progress on the abbreviated school day program;

(C) Consider at least one reasonable alternative placement that includes appropriate supports for the student and that could enable the student to have 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

(D) If the individualized education program team recommends continuing the abbreviated school day placement, consider whether the number of hours of instruction and educational services should be increased.

(d) If the parent or foster parent provides informed and written consent to continue an abbreviated school day program placement, include in the student’s individualized education program or 504 Plan a written statement that:

(A) Explains the reasons the student was placed on the abbreviated school day program; and

(B) Describes in detail other reasonable options that were considered and documents why each option considered was not implemented.

(e) At least once every 30 calendar days during the school year, inform the Department of Education about the student’s abbreviated school day program placement, including:

(A) The grade level of the student;

(B) The number of hours of instruction and educational services the school district is scheduled to provide to the student each week;

(D) The date by which the student is expected to receive 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.

(3)(a) The school district superintendent must review a student’s abbreviated school day program placement if the student is placed on an abbreviated school day program for:

(A) Ninety or more cumulative calendar days during a school year; or

(B) Ninety or more cumulative calendar days, excluding summer break, when the student is placed on an abbreviated school day program during two or more consecutive school years.

(b) The school district superintendent must review the student’s abbreviated school day program placement when required under paragraph (a) of this subsection and:

(A) Find that the abbreviated school day program placement is compliant with state and federal law and document in writing:

(i) The efforts of the school district to facilitate the student’s 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

(ii) The specific barriers that prevent that meaningful access; or

(B) Find that the abbreviated school day program placement is not compliant with state and federal law and ensure that, within five school days of making the finding, the student has 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 unless an extension has been allowed as provided by ORS 343.328 (1)(d).

(c) In addition to a finding made under paragraph (b) of this subsection, for any student in grades 9 through 12 not expected to graduate on time with a high school diploma, a modified diploma or an extended diploma, the school district superintendent must document in writing:

(A) The plan for credit recovery and comprehensive services, including compensatory services, that is being implemented to ensure the student’s on-time graduation with a high school diploma, a modified diploma or an extended diploma; and

(B) The student’s progress toward on-time graduation with a high school diploma, a modified diploma or an extended diploma.

(d) If the student is served by an education program through an education service district, the requirements of paragraphs (a) to (c) of this subsection apply to the superintendent of the resident school district.

(e) Any findings or documentation required under paragraphs (b) and (c) of this subsection must be provided, within five school days of making the finding, to the student’s parent or foster parent in a language and format accessible to the parent or foster parent. [2023 c.290 §4]

Note: See note under 343.321.

343.328 Right to revoke consent; effect of revocation; complaints to Department of Education; effects of noncompliance. (1)(a) A parent or a foster parent may, at any time, revoke consent for the placement of a student with a disability on an abbreviated school day program.

(b) Consent for the abbreviated school day program placement shall be considered revoked if, at any time, the parent or the foster parent revokes the consent, in writing, to an abbreviated school day program placement or makes a written objection to the abbreviated school day program placement.

(c) Upon receipt of a written revocation or objection to the abbreviated school day program placement, the school district superintendent shall ensure that, within five school days or by a later date specified in a written notice provided by the parent or foster parent, the student has 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.

(d) Notwithstanding paragraph (c) of this subsection, a parent or foster parent of a student may allow the school district superintendent to have an extension of an additional five school days to ensure that the student has 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 if:

(A) The parent or foster parent provides written consent for the extension;

(B) The parent or foster parent has not previously provided written consent for an extension for the student during the school year;

(C) The written consent states that the parent or foster parent understands that the parent or foster parent is not required to give consent for the extension and that the refusal to give consent for the extension will not result in adverse actions being taken against the student; and

(D) The school district provides to the parent or foster parent, in writing and in a language and format accessible to the parent or foster parent, the specific reasons why the extension is needed.

(e) If a school district fails to provide meaningful access before the expiration of an extension allowed under paragraph (d) of this subsection, any calculations of compensatory education that must be provided by the school district will be made as though an extension had not been allowed.

(f) If a student is on an abbreviated school day program on the last day of the school year and the student’s parent or foster parent makes a written objection to the abbreviated school day program placement or revokes consent for the abbreviated school day program placement at least 14 calendar days prior to the beginning of the next school year, the student shall, beginning on the first day of the new school year, be provided with 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.

(2)(a) When the Department of Education receives a complaint or otherwise has cause to believe a school district is not in compliance with ORS 343.322 (7) and 343.324 (5), the department must initiate an investigation and inform the school district of any noncompliance within 30 calendar days of receiving the complaint or having cause to believe the school district is not in compliance.

(b) If a complaint described in paragraph (a) of this subsection relates to a specific student and is submitted by the student’s parent or foster parent, the Superintendent of Public Instruction is not required to conduct an investigation and shall:

(A) Presume that consent for the abbreviated school day program placement has been revoked.

(B) Immediately, and in no case no more than two business days after receipt of the complaint, order the school district to provide to the student, within five school days, 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. For the purpose of this subparagraph, “business day” has the meaning given that term in ORS 192.311.

(C) Find the school district is not in compliance with ORS 343.322 (7) and 343.324 (5) if the school district fails to comply with the order described in subparagraph (B) of this paragraph and the parent or foster parent has not granted written consent for an extension as described in subsection (1)(d) of this section.

(c) If the superintendent finds that a school district is not in compliance with ORS 343.322 (7) and 343.324 (5), either after an investigation or as provided by paragraph (b) of this subsection, the superintendent shall:

(A) Enter an order that any students named in the complaint or identified in the course of an investigation initiated under paragraph (a) of this subsection who are placed on an abbreviated school day program in violation of ORS 343.322 (7) and 343.324 (5) be provided, within five school days of the final order, with 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.

(B) If the school district fails to comply with the order described in subparagraph (A) of this paragraph within five school days, find the school district nonstandard under ORS 327.103 or 334.217 until all students subject to the order and placed on an abbreviated school day program in violation of ORS 343.322 (7) and 343.324 (5) are provided with 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.

(C) If the school district fails to comply with the order described in subparagraph (A) of this paragraph within 10 school days and notwithstanding any timelines or process requirements of ORS 327.103 or 334.217, immediately withhold State School Fund moneys that otherwise would be distributed to the school district. Amounts withheld must be calculated based on the weighted average daily membership attributable to the students subject to the order, as calculated under ORS 327.013, and the percentage of the school year that the students were placed on an abbreviated school day program in violation of ORS 343.322 (7) and 343.324 (5).

(D) Require the school district to provide compensatory education to the students subject to the order that is equivalent to at least one hour of direct instruction for every two hours of instruction that were lost due to an abbreviated school day program placement in violation of ORS 343.322 (7) and 343.324 (5).

(3) The failure of a school district superintendent to restore meaningful access to a student within the time required by ORS 343.326 (3)(b)(B) or subsection (1)(c) or (d) of this section or to comply with an order issued under subsection (2)(c) of this section to restore meaningful access to all students subject to the order may be grounds for discipline by the Teacher Standards and Practices Commission under ORS 342.175. If the commission receives a complaint concerning a failure described in this subsection, the commission shall take into consideration the responsive efforts and actions of the superintendent to restore meaningful access to the student or students. [2023 c.290 §5]

Note: See note under 343.321.

343.330 [Repealed by 1953 c.710 §23]

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.

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.

343.335 [1957 c.556 §3; repealed by 1963 c.570 §33]

343.340 [Repealed by 1953 c.710 §23]

343.345 [1957 c.556 §§6,9; repealed by 1963 c.570 §33]

343.350 [Repealed by 1953 c.710 §23]

343.353 [1983 c.731 §4; 1989 c.491 §41; repealed by 1991 c.749 §6]

343.355 [1957 c.556 §8; repealed by 1963 c.570 §33]

343.357 [1983 c.731 §5; 1989 c.941 §42; repealed by 1991 c.749 §6]

343.360 [Repealed by 1953 c.710 §23]

343.363 [1983 c.731 §6; 1987 c.238 §1; 1991 c.749 §22; 1993 c.749 §17; renumbered 343.533 in 1993]

343.365 [1957 c.556 §7; repealed by 1963 c.570 §33]

343.367 [1983 c.731 §7; renumbered 343.224 in 1993]

343.370 [Amended by 1955 c.333 §1; renumbered 343.920]

343.375 [1957 c.556 §§4,5; repealed by 1963 c.570 §33]

343.380 [Amended by 1955 c.333 §2; renumbered 343.930]

343.385 [1957 c.556 §10; repealed by 1963 c.570 §33]

343.390 [Renumbered 343.940]

TALENTED AND GIFTED CHILDREN

343.391 Purpose of ORS 343.391 to 343.413. The purpose of ORS 343.391 to 343.413 is to facilitate the identification and education of talented and gifted children. [1959 c.528 §1; 1963 c.570 §21; 1971 c.613 §1; 1979 c.385 §1]

343.393 [1959 c.528 §11; repealed by 1961 c.500 §2]

343.395 Definitions for ORS 343.391 to 343.413. As used in ORS 343.391 to 343.413, unless the context requires otherwise:

(1) “Application” means a request 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.

(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]

343.396 Nature of programs. It is legislative policy that, when talented and gifted programs are offered, the programs should be provided by common or union high school districts, combinations of such districts or education service districts, in accordance with ORS 334.175, and that the state will provide financial and technical support to the districts to implement the education programs within the limits of available funds. [1979 c.385 §8; 1981 c.833 §2]

Note: 343.396 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 343 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

343.397 Plan of instruction for talented and gifted children. (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]

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.

(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]

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]

343.403 [1959 c.528 §10; 1963 c.570 §25; repealed by 1965 c.100 §456]

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]

343.405 [1963 c.570 §22a; repealed by 1965 c.100 §456]

343.407 Identification of talented and gifted students. School districts shall identify talented and gifted students enrolled in public schools under rules adopted by the State Board of Education. [1987 c.337 §3; 1993 c.45 §225]

343.409 Talented and gifted programs required. School districts shall provide educational programs or services to talented and gifted students enrolled in public schools under rules adopted by the State Board of Education. [1987 c.337 §4; 1993 c.45 §226; 1993 c.749 §18]

343.410 [1955 c.658 §2; 1961 c.541 §1; 1965 c.100 §413; 1971 c.96 §1; repealed by 1975 c.621 §17]

343.411 When identification and programs for certain children required or optional; state guidelines. (1) ORS 343.407 and 343.409 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]

343.413 Short title. ORS 343.407 to 343.413 shall be known as the Oregon Talented and Gifted Education Act. [1987 c.337 §2]

343.415 [1975 c.455 §2; 1991 c.693 §19; 1993 c.45 §228; renumbered 329.215 in 1993]

343.420 [1955 c.658 §1; 1961 c.541 §2; 1965 c.100 §414; repealed by 1975 c.621 §17]

343.425 [1975 c.455 §3; 1993 c.45 §229; renumbered 329.225 in 1993]

343.430 [1955 c.658 §3; 1961 c.541 §3; repealed by 1965 c.100 §456]

343.435 [1975 c.455 §4; renumbered 329.235 in 1993]

343.440 [1955 c.658 §§6,7; 1957 c.219 §1; 1959 c.182 §1; 1961 c.541 §4; 1963 c.570 §25a; repealed by 1965 c.100 §417 (343.441 enacted in lieu of 343.440)]

343.441 [1965 c.100 §418 (enacted in lieu of 343.440); repealed by 1975 c.621 §17]

343.445 [1965 c.100 §416; repealed by 1975 c.621 §17]

343.450 [1955 c.658 §8; 1961 c.541 §5; 1963 c.570 §25b; 1965 c.100 §419; repealed by 1975 c.621 §17]

SERVICES TO PRESCHOOL CHILDREN WITH DISABILITIES

343.455 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]

343.460 [1955 c.658 §10; 1959 c.182 §2; 1961 c.541 §6; 1963 c.570 §25c; 1965 c.100 §420; repealed by 1975 c.621 §17]

343.465 Policy on services to preschool children with disabilities; agency coordination of services. (1) It is the policy of this state to respect the unique nature of each child, family and community with particular attention to cultural and linguistic diversity, and to support a system of services for preschool children with a disability and their families that:

(a) Recognizes the importance of the preschool child’s family, supports and builds on each family’s strengths and respects family decision-making and input regarding service options and public policy.

(b) Identifies, evaluates and refers services for preschool children with a disability at the earliest possible time.

(c) Uses specialized services and all other community services and programs for children, including community preschools, Head Start programs, community health clinics, family support programs and other child-oriented agencies.

(d) Uses a variety of funding sources for preschool children with a disability and their families, including public and private funding, insurance and family resources.

(e) Assists families in utilizing necessary services in the most cost-effective and efficient manner possible by using a coordinated planning and implementation process.

(f) Insures that all children and their families, regardless of disability, risk factors or cultural or linguistic differences, are able to utilize services for which they would otherwise be qualified.

(g) Encourages services and supports for preschool children with a disability and their families in their home communities and in settings with children without a disability.

(h) Recognizes the importance of developing and supporting well-trained and competent personnel to provide services to preschool children with a disability, and their families.

(i) Evaluates the system’s impact on the child and family, including child progress, service quality, family satisfaction, transition into public schooling, longitudinal and cumulative reporting over several biennia and interagency coordination at both the state and local level.

(j) Reports information described in paragraph (i) of this subsection to the State Interagency Coordinating Council, the Governor, the Department of Early Learning and Care, the State Board of Education, the public universities listed in ORS 352.002 and the Legislative Assembly each biennium.

(2) In carrying out the provisions of subsection (1) of this section, the Department of Education, the Department of Early Learning and Care, the Department of Human Services and the public universities listed in ORS 352.002 shall coordinate the provision of services to preschool children with a disability with other services that are provided to children with a disability, or who are at risk of developing disabling conditions, and their families. All program planning, standards for service, policies regarding services delivery and budget development for services for preschool children with a disability, children with a disability, and the families of those children shall reflect the policy outlined in subsection (1) of this section and elaborated through rules and agreements. [1991 c.749 §7; 1995 c.79 §187; 2009 c.762 §61; 2011 c.731 §22; 2013 c.768 §135b; 2015 c.767 §110; 2021 c.631 §45]

Note: Section 8, chapter 409, Oregon Laws 1993, provides:

Sec. 8. Effect of unavailability of federal funds on programs for preschool children. If federal funds are not available for programs for preschool children with disabilities for children from birth to three years of age, the program shall be continued with state funding at least at the current level but the additional requirements imposed on the program by this Act shall not be required and school districts shall not be required to comply with the additional requirements. [1993 c.409 §8]

343.470 [1955 c.658 §11; 1959 c.182 §3; 1961 c.541 §7; 1963 c.570 §26; 1965 c.100 §421; 1969 c.544 §8; repealed by 1975 c.621 §17]

343.475 Program of early childhood special education and early intervention services; 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]

343.480 [1955 c.658 §9; 1961 c.541 §8; repealed by 1965 c.100 §456]

343.485 Confidentiality of records; rules. The State Board of Education shall adopt by rule procedures to insure that the Department of Education and early childhood special education and early intervention contractors maintain as confidential all records relating to preschool children with disabilities, but only to the extent required by federal law. The department and the contractor shall not disclose the records except as provided by rule. [1991 c.749 §9]

343.490 [1955 c.658 §13; 1965 c.100 §422; 1965 c.358 §1; repealed by 1975 c.621 §17]

343.495 Operation of early childhood special education or early intervention programs by department. (1) If no contractor is designated for a service area, and no qualified county agency is available to manage the necessary services or to subcontract the services, the Department of Education may provide early childhood special education and early intervention services in a local, county or service area.

(2) Contractors designated under this section shall 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]

343.498 [1991 c.749 §11; 1993 c.45 §234; repealed by 1993 c.409 §4 (343.499 enacted in lieu of 343.498)]

343.499 State Interagency Coordinating Council. (1)(a) There is created the State Interagency Coordinating Council.

(b) The Governor shall appoint members of the council from a list of eligible appointees from this state that is provided by the council and agencies described in subsection (2) of this section and shall ensure that the membership of the council reasonably represents the racial, ethnic, linguistic and geographic population of this state.

(c) The Governor shall designate one member of the council to serve as the chairperson, or if the Governor chooses not to name a chairperson, the council may elect one of its members to serve as chairperson.

(d) Notwithstanding paragraph (c) of this subsection, any member of the council who represents the Department of Education may not serve as the chairperson of the council.

(2) The membership of the council shall be composed as follows:

(a) At least 20 percent of the council members shall be parents of children with a disability who are 12 years of age or younger at the time the council member is appointed. When appointing council members under this paragraph, the Governor shall ensure that:

(A) At least 50 percent of the council members are parents of a child with a disability who is five years of age or younger at the time the council member is appointed;

(B) At least 20 percent of the council members:

(i) Are parents of a child with a disability who is three years of age or younger at the time the council member is appointed; and

(ii) Have knowledge of, or experience with, programs or services for infants or toddlers with a disability; and

(C) The council members represent the racial, ethnic and linguistic diversity of children in this state who are five years of age or younger.

(b) At least 20 percent of the council members shall be public or private providers of early intervention and early childhood special education services.

(c) At least one council member shall be from a program responsible for preparing early intervention and early childhood special education educators.

(d) At least one council member shall be from a Head Start program or from a provider under the Oregon Prenatal to Kindergarten Program.

(e) At least one council member shall be from a home-based child care program.

(f) At least one council member shall be from a center-based child care program.

(g) At least one council member shall be from the committee that serves as the state advisory council, as described in ORS 326.425 (3).

(h) At least one council member shall be a member of the State Advisory Council for Special Education created under ORS 343.287.

(i) At least one council member shall be from each state agency involved in the provision of, or payment for, early intervention and early childhood special education services to infants and toddlers with a disability and their families.

(j) At least one council member shall be from each state agency responsible for providing preschool services to children with a disability.

(k) At least one council member shall be from each state agency responsible for children’s mental health.

(L) At least two council members shall be from the Department of Human Services with expertise in foster care or self-sufficiency programs.

(m) At least one council member shall be from the Department of Early Learning and Care with expertise in the Child Care and Development Fund.

(n) At least one council member shall be a representative of the Department of Education with expertise in the coordination of education of homeless children and youth.

(o) At least one council member shall be from the Department of Consumer and Business Services with expertise in state regulation of private health insurance.

(p) At least one council member shall be from the Oregon Health Authority with expertise in Medicaid and the Children’s Health Insurance Program.

(q) At least one council member shall be a representative from a tribal agency responsible for supporting young children with developmental delays and disabilities, from a tribal council or otherwise representing one or more tribes.

(3) An individual appointed to represent a state agency under subsection (2) of this section must have sufficient authority to engage in making and implementing policy on behalf of the agency. The Governor may appoint a council member to represent more than one program or specialty listed in subsection (2) of this section.

(4) In addition to the council members appointed under subsection (2) of this section:

(a) The Governor may appoint any other council members not listed in subsection (2) of this section.

(b) The President of the Senate shall appoint one member from among members of the Senate to serve as a nonvoting council member.

(c) The Speaker of the House of Representatives shall appoint one member from among members of the House of Representatives to serve as a nonvoting council member.

(5) The State Interagency Coordinating Council shall:

(a) Advise the Superintendent of Public Instruction, the State Board of Education, the Early Learning System Director and the Early Learning Council on unmet needs in the early childhood special education and early intervention programs for children with a disability, review and comment publicly on any rules proposed by the State Board of Education and the distribution of funds for the programs and assist the state in developing and reporting data on and evaluations of the programs and services.

(b) Advise and assist the represented public agencies regarding the services and programs they provide to children with a disability and their families, including public comments on any proposed rules affecting the target population and the distribution of funds for such services, and assist each agency in developing services that reflect the overall goals for the target population as adopted by the council.

(c) Advise the Department of Education, the Department of Early Learning and Care and other state agencies on the development and implementation of the policies that constitute the statewide system.

(d) Advise all appropriate public agencies on achieving the full participation, coordination and cooperation for implementation of a statewide system that includes but is not limited to:

(A) Seeking information from service providers, service coordinators, parents and others about any federal, state or local policies that impede timely service delivery; and

(B) Taking steps to ensure that any policy problems identified under subparagraph (A) of this paragraph are resolved.

(e) Advise the Superintendent of Public Instruction and the Early Learning System Director on identifying the sources of fiscal and other support for early intervention and early childhood special education services, assigning financial responsibility to the appropriate agencies and ensuring that the provisions of interagency agreements under ORS 343.511 are carried out.

(f) Review and comment on each agency’s services and policies regarding services for infants, toddlers and preschool children with a disability, or infants, toddlers and preschool children who are at risk of developing disabling conditions, and their families to the maximum extent possible to ensure cost-effective and efficient use of resources.

(g) Advise the Department of Education and the Department of Early Learning and Care on the preparation of applications and amendments thereto.

(h) Advise the Superintendent of Public Instruction and the Early Learning System Director regarding transitions of children with a disability, including transitions to kindergarten.

(i) Prepare and submit an annual report to the Governor, the Deputy Superintendent of Public Instruction, the Early Learning System Director, the Early Learning Council, the State Board of Education, the Legislative Assembly and the United States Secretary of Education on the status of early intervention and early childhood special education services provided within this state.

(6) The council may advise appropriate agencies about integration of services for preschool children with a disability and at-risk preschool children.

(7) Terms of office for council members shall be three years, except that:

(a) The representative from the State Advisory Council for Special Education shall serve a one-year term; and

(b) The representatives from other state agencies and the representatives from the Legislative Assembly shall serve indefinite terms.

(8) Subject to approval by the Governor, the council may use federal funds appropriated for this purpose and available to the council to:

(a) Conduct hearings and forums;

(b) Reimburse nonagency council members under ORS 292.495 for attending council meetings, for performing council duties, and for necessary expenses, including child care for parent members;

(c) Pay compensation to a council member if the member is not employed or if the member must forfeit wages from other employment when performing official council business;

(d) Hire staff; and

(e) Obtain the services of such professional, technical and clerical personnel as may be necessary to carry out its functions.

(9) Except as provided in subsection (8) of this section, council members shall serve without compensation.

(10) The Department of Education shall provide clerical and administrative support, including staff, to the council to carry out the performance of the council’s function as described in this section.

(11) The council shall meet at least quarterly. The meetings shall be announced publicly and, to the extent appropriate, be open and accessible to the general public.

(12) No member of the council shall cast a vote on any matter that would provide direct financial benefit to that member or otherwise give the appearance of a conflict of interest under state law. [1993 c.409 §5 (enacted in lieu of 343.498); 1999 c.989 §24; 2001 c.900 §54; 2005 c.662 §10; 2009 c.595 §216; 2012 c.37 §41; 2013 c.624 §80; 2021 c.631 §§7,47; 2023 c.547 §§24,25]

343.500 [1955 c.658 §§4,5; 1957 c.219 §2; 1961 c.541 §9; 1965 c.100 §390; renumbered 343.055]

343.503 [1991 c.749 §12; repealed by 1995 c.237 §4]

343.505 [1971 c.602 §2; repealed by 1975 c.621 §17]

343.507 Local early intervention interagency advisory council. (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]

343.509 [1971 c.602 §3; repealed by 1975 c.621 §17]

343.510 [1955 c.658 §12; repealed by 1965 c.100 §456]

343.511 Interagency agreements to provide services. (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]

343.513 Eligibility criteria; rules. The State Board of Education shall establish by rule procedures prescribing the eligibility criteria for early childhood special education and early intervention services. [1991 c.749 §15]

343.515 [1971 c.602 §4; repealed by 1975 c.621 §17]

343.517 Parent-initiated referral to determine eligibility. (1) Whenever the parent of a child believes that the child is eligible for early childhood special education or early intervention services or is concerned about the 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]

343.519 [1971 c.602 §10; repealed by 1975 c.621 §17]

343.520 [1955 c.658 §14; repealed by 1965 c.100 §456]

343.521 Individualized family service plan; rules; forms. (1) In accordance with rules of the State Board of Education, the agencies under contract with the Department of Education to provide early childhood special education or early intervention services must ensure that an individualized family service plan is developed for each preschool child with a disability, as defined in ORS 343.035, who is determined eligible for early childhood special education or early intervention services and for the 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]

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]

343.525 [1971 c.602 §8; 1975 c.621 §14; renumbered 343.293]

343.527 Requirements for written notice to parents of preschool child with disability. (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]

343.530 [1971 c.602 §9; 1975 c.621 §15; renumbered 343.287]

343.531 Procedural safeguards; rules. (1) The State Board of Education shall establish by rule the procedural safeguards for the implementation of early intervention services.

(2) The State Board of Education shall assure by rule that all preschool children who are three years of age to eligibility for entry into kindergarten are provided by the Department of Education the same procedural safeguards and rights as those provided to school-age children with disabilities under this chapter. [1991 c.749 §§19,20; 1993 c.409 §7]

343.533 Transportation service to preschool children with disabilities; cost. (1) The Department of Education shall not bill a resident school district for a child receiving services under this section even if the child is served by a county or regional program otherwise subject to ORS 343.243.

(2) The resident school district shall provide transportation service to preschool children with disabilities, as defined in ORS 343.035, age three until the age of eligibility for kindergarten, if such service is determined to be a related service and, as required, to children from birth to three years of age, enrolled in programs under ORS 339.185, 343.035, 343.041, 343.055, 343.065, 343.157 and 343.455 to 343.534, and the district may include those costs in its claims for transportation costs reimbursement by the state. No state agency is required to pay transportation other than the claims on the State School Fund. [Formerly 343.363]

343.534 Allocation of state funds to approved providers. (1) The funds specially appropriated to early childhood special education and early intervention services shall be contracted to providers that have been approved by the Superintendent of Public Instruction.

(2) State funds shall be allocated on an approved program basis, the amount of which shall be established pursuant to rules of the State Board of Education.

(3) The provider shall account for the grant funds as expended on a form acceptable to the superintendent pursuant to rules of the state board. [1991 c.749 §28]

343.535 [1971 c.602 §5; repealed by 1975 c.621 §17]

343.540 [1971 c.602 §6; repealed by 1975 c.621 §17]

343.545 [1971 c.602 §7; repealed by 1975 c.621 §17]

343.550 [1971 c.602 §15; repealed by 1975 c.621 §17]

343.552 [1959 c.218 §1; 1965 c.100 §423; 1965 c.237 §1; 1969 c.109 §1; repealed by 1975 c.621 §17]

343.554 [1959 c.218 §§2,3,10; 1963 c.570 §27; 1965 c.100 §424; 1965 c.237 §2; 1971 c.602 §12; repealed by 1975 c.621 §17]

343.556 [1959 c.218 §§4,8,9; 1965 c.100 §425; 1965 c.237 §3; repealed by 1975 c.621 §17]

343.558 [1959 c.218 §5; 1965 c.100 §426; 1965 c.237 §4; 1971 c.602 §13; repealed by 1975 c.621 §17]

343.560 [1959 c.218 §§6,7; repealed by 1965 c.100 §456]

APPROPRIATE LEARNING MEDIA FOR BLIND STUDENTS (BRAILLE)

343.565 Definitions for ORS 343.565 to 343.595. As used in ORS 343.565 to 343.595:

(1) “Braille” means the system of reading and writing through touch commonly known as standard English Braille.

(2) “Student who is blind” means an individual who:

(a) Is eligible for special education due to visual impairment; or

(b) Has a medically indicated expectation of visual deterioration. [1993 c.380 §2; 1999 c.989 §28]

343.575 Proficiency in reading and writing for blind student; use of Braille. (1) In developing the individualized education program for each student who is blind, the presumption shall be that proficiency in reading and writing is essential for the student to achieve satisfactory educational progress. Each student who is blind shall be assessed to determine the most appropriate learning media, including but not limited to Braille. The individualized education program team shall determine the optimum learning media.

(2) Braille instruction and use are not required by this section if, in the course of developing the 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]

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]

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]

343.600 State policy encouraging use of Braille. It shall be the policy of this state that students who are blind and who, due to lack of visual acuity or perception, cannot read printed material at a competitive rate of speed and with facility, or who have a reasonable expectation of visual deterioration, shall be encouraged to learn to read and write Braille. [Formerly 343.945; 2007 c.70 §107]

343.610 [1955 c.15 §1; 1955 c.410 §1; repealed by 1963 c.21 §2]

343.620 [1955 c.15 §2; 1955 c.410 §2; repealed by 1963 c.21 §2]

343.630 [1955 c.15 §3; 1955 c.410 §3; repealed by 1963 c.21 §2]

343.640 [1955 c.410 §4; repealed by 1963 c.21 §2]

DISADVANTAGED CHILDREN

343.650 Definitions for ORS 343.650 to 343.680. As used in ORS 343.650 to 343.680, unless the context requires otherwise:

(1) “Disadvantaged children” means children who in their backgrounds are socially or culturally deprived to such a degree that without supplemental facilities and services they cannot profit in the regular school program to the same extent as children with normal backgrounds.

(2) “Facilities and services”:

(a) Means special equipment, materials, supplies and services and regular equipment, materials, supplies and services to the extent that they are specially used or consumed in providing special education for the primary purpose of preventing or overcoming learning deficiencies; and

(b) Includes special classes, special instruction in or in addition to regular classes, nursery schools and kindergartens, extracurricular programs, camp and recreation programs, testing and research programs, orientation programs, counseling and guidance programs, cafeteria service, transportation and the construction and use of special schools or centers, or the construction of additions thereto. [1965 c.531 §1; 1967 c.443 §1]

343.660 Facilities and services for disadvantaged children. The district school board of any school district in which the regular school program is inadequate for the educational needs of disadvantaged children may provide facilities and services for such children during and outside of regular school hours and regular school days. [1965 c.531 §2; 1973 c.707 §4; 1973 c.750 §14]

343.670 Advance payment to districts. Notwithstanding the provisions of any other law, the Department of Education may make advance payment from funds received by the Department of Education pursuant to Public Law 89-10, as further amended by Public Law 95-561, to school districts based on the estimated cost of any approved program or service to be provided. [1965 c.531 §6; 1989 c.491 §43; 1993 c.45 §238]

343.680 Advance payments and reimbursements to districts of at least 40,000 for operation and construction costs. (1) For the purposes of carrying out the provisions of ORS 343.650 to 343.670 the Department of Education shall advance to or reimburse any common or union high school district with at least 40,000 average daily membership, as defined by ORS 327.006, from funds specifically appropriated for such purposes, such amounts as may from time to time be certified by such district as required therefor.

(2) The certificate shall specify separately:

(a) The amounts required for operations; and

(b) The amounts required for construction of special schools or centers, or additions thereto.

(3) The amounts obtained for construction shall be related to progress of construction as determined by the district.

(4) Any amounts remaining unexpended and unobligated as of June 30 of the fiscal year or biennium for which they were appropriated shall revert to the General Fund. [1967 c.443 §3; 1981 c.487 §1; 1993 c.45 §239]

343.685 [1979 c.277 §9; repealed by 1981 c.487 §2]

343.705 [1973 c.724 §2; renumbered 336.790 in 1993]

343.710 [1957 c.206 §1; 1965 c.100 §427; renumbered 336.795 in 1993]

343.720 [1957 c.206 §2; 1959 c.421 §2; 1965 c.100 §428; 1969 c.407 §1; 1969 c.623 §1; 1973 c.724 §3; 1979 c.307 §7; renumbered 336.800 in 1993]

343.730 [1957 c.206 §3; 1959 c.421 §3; 1961 c.658 §1; 1963 c.235 §2; 1965 c.100 §429; 1965 c.549 §1; 1969 c.407 §2; 1969 c.623 §2; 1973 c.724 §4; 1981 c.473 §3; 1983 c.583 §3; 1989 c.491 §44; 1991 c.709 §8; 1993 c.748 §2; renumbered 336.805 in 1993]

343.740 [1957 c.206 §§4,6; 1963 c.97 §8; 1973 c.724 §5; 1975 c.682 §9; 1981 c.473 §4; 1983 c.338 §915; 1983 c.585 §4; 1989 c.966 §27; renumbered 336.810 in 1993]

343.750 [1967 c.296 §1; 1981 c.473 §5; renumbered 336.815 in 1993]

343.760 [1981 c.473 §2; 1983 c.380 §4; 1983 c.338 §916; repealed by 1983 c.583 §8]

MIGRANT CHILDREN

343.810 Definitions for ORS 343.810 to 343.835. As used in ORS 343.810 to 343.835, unless the context requires otherwise:

(1) “Migrant child” means a child between 3 and 21 years of age who is in the custody of migrant workers whether or not they are parents of the child.

(2) “Migrant worker” means an individual engaged in agricultural labor who does not regularly reside in the county in which the individual is performing the agricultural labor.

(3) “School district” includes education service districts and state institutions. [1961 c.502 §1; 1963 c.570 §30; 1965 c.100 §430; 1987 c.243 §1]

343.815 [1961 c.502 §§2,3; repealed by 1963 c.570 §33]

343.820 [1961 c.502 §4; repealed by 1963 c.570 §33]

343.825 [1961 c.502 §5; repealed by 1963 c.570 §33]

343.830 Summer programs for migrant children. School districts may establish summer programs for migrant children to supplement the regular school program and provide instruction in those educational areas in which the migrant child needs special help. The summer programs may be attended by migrant children who will attend regular school sessions in the ensuing school year. [1961 c.502 §§7,8; 1963 c.570 §31; 1965 c.100 §431]

343.835 Reimbursement; district expenditures not subject to Local Budget Law. Pursuant to rules of the State Board of Education, school districts shall submit a proposed budget for summer programs to the Superintendent of Public Instruction for approval. Upon completion of the summer program the claim shall be presented to the Superintendent of Public Instruction for reimbursement which shall be made only for the actual and approved expenses incurred in the program. Expenditures made by a school district in carrying out a summer program shall not be subject to the Local Budget Law (ORS 294.305 to 294.565). [1961 c.502 §9; 1963 c.570 §31a; 1965 c.100 §432; 1989 c.491 §45]

343.910 [Formerly 343.130; 1965 c.100 §433; repealed by 1993 c.45 §241]

343.920 [Formerly 343.370; repealed by 1959 c.645 §2]

MISCELLANEOUS PROVISIONS

343.923 Department duties for programs for students with moderate to severe 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]

343.925 [1961 c.274 §1; 1965 c.100 §182; renumbered 334.215]

343.926 [1989 c.971 §6; 1991 c.795 §12; repealed by 1991 c.780 §30]

343.930 [Formerly 343.380; repealed by 1959 c.645 §2]

343.940 [Formerly 343.390; 1965 c.100 §434; repealed by 1975 c.693 §21]

343.941 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]

343.945 [1989 c.265 §2; renumbered 343.600 in 1993]

343.950 [1957 c.562 §§1,2,3,4,5; 1959 c.645 §1; 1963 c.570 §32; 1965 c.100 §7; renumbered 326.510 and then 343.960]

343.960 [Formerly 343.950 and then 326.510; 1975 c.620 §1; 1977 c.251 §1; 1977 c.586 §1; 1979 c.700 §1; 1981 c.916 §1; repealed by 1985 c.555 §19 (343.961 enacted in lieu of 343.960 and 343.965)]

(a) “Day treatment program” means a public or private program that provides treatment of children with a mental illness, an emotional disturbance or another mental health issue.

(b) “Eligible day treatment program” means a day treatment program with which the Oregon Health Authority contracts for long term care or treatment. “Eligible day treatment program” does not include residential treatment programs or programs that provide care or treatment to juveniles who are in detention facilities.

(c)(A) “Eligible residential treatment program” means:

(i) A residential treatment program with which the Oregon Health Authority, the Department of Human Services or the Oregon Youth Authority contracts for long term care or treatment.

(ii) A residential program that provides disability-related supports under a license issued by the Department of Human Services under ORS 443.410 and that:

(I) Was licensed by the Department of Human Services on July 1, 2021, and maintains that license as a valid license; and

(II) Has students being provided education by a school district that received moneys under this section for the 2020-2021 school year and that has an average daily membership, as defined in ORS 327.006, of 15,000 or less.

(B) “Eligible residential treatment program” does not include psychiatric day treatment programs or programs that provide care or treatment to juveniles who are in detention facilities.

(d) “Residential treatment program” means a public or private residential program that provides treatment of children with a mental illness, an emotional disturbance or another mental health issue.

(e) “Student” means a child who is placed in an eligible day treatment program or eligible residential treatment program by a public or private entity or by the child’s parent.

(2) The Department of Education shall provide moneys for payment of the costs of education of students in eligible day treatment programs and eligible residential treatment programs as provided by ORS 327.023. Payment shall be made to the school district in which the eligible day treatment program or eligible residential treatment program is located. The costs of education do not include transportation, care, treatment or medical expenses.

(3)(a) The school district in which an eligible day treatment program or eligible residential treatment program is located is responsible for providing the education of a student, including the identification, location and evaluation of the student for the purpose of determining the student’s eligibility to receive special education and related services.

(b) A school district that is responsible for providing an education under this subsection may provide the education:

(A) Directly or through another school district or an education service district; and

(B) In the facilities of an eligible day treatment program, an eligible residential treatment program, a school district or an education service district, except that an eligible residential treatment program described in subsection (1)(c)(A)(ii) of this section may not provide education in the facilities of the program.

(c) When a student is no longer in an eligible day treatment program or eligible residential treatment program, the responsibilities imposed by this subsection terminate and become the responsibilities of the school district where the student is a resident, as determined under ORS 339.133 and 339.134.

(4) The school district where the student is a resident is responsible for providing transportation to a student enrolled in an eligible day treatment program. Transportation must be provided by the school district where the student is a resident each day the student is scheduled to receive services from the eligible day treatment program.

(5) A school district may request the Department of Education to directly make payments to another school district or an education service district for eligible day treatment programs or eligible residential treatment programs when education is provided by the other school district or the education service district. Payments made under this subsection do not affect any responsibilities described in subsection (3) of this section for the school district that made the request.

(6) The Oregon Health Authority, the Department of Human Services or the Oregon Youth Authority shall give the school district providing the education at an eligible day treatment program or an eligible residential treatment program 14 days’ notice, to the extent practicable, before a student is dismissed from the program.

(7) The Department of Education may make advances to school districts responsible for providing an education to students under this section from funds appropriated for that purpose based on the estimated agreed cost of educating the students per school year. Advances equal to 25 percent of the estimated cost may be made on September 1, December 1 and March 1 of the current year. The balance may be paid whenever the full determination of cost is made.

(8) School districts that provide the education described in this section on a year-round plan may apply for 25 percent of the funds appropriated for that purpose on July 1, October 1, January 1, and 15 percent on April 1. The balance may be paid whenever the full determination of cost is made.

(9) In addition to the payment methods described in this section, the Department of Education may negotiate intergovernmental agreements to pay for the cost of education in day treatment programs and residential treatment programs operated under the auspices of the governing board of a public university listed in ORS 352.002 or the Oregon Health and Science University Board of Directors. [1985 c.555 §19a; enacted in lieu of 343.960 and 343.965; 1987 c.223 §1; 1989 c.1011 §1; 1991 c.780 §26; 1991 c.795 §13; 1993 c.749 §20; 1997 c.521 §26; 2009 c.595 §217; 2011 c.701 §§1,7; 2013 c.735 §21; 2013 c.768 §136; 2015 c.282 §1; 2015 c.767 §111; 2021 c.304 §1]

343.965 [1973 c.708 §2; 1975 c.50 §1; 1981 c.916 §2; repealed by 1985 c.555 §19 (343.961 enacted in lieu of 343.960 and 343.965)]

343.975 [1975 c.590 §2; 1989 c.491 §46; 1989 c.875 §3; 1993 c.45 §242; repealed by 2001 c.900 §261]

343.980 [1975 c.590 §3; 1989 c.491 §47; repealed by 1997 c.821 §29]

343.990 [Amended by 1953 c.110 §1; subsection (2) of 1963 Replacement Part enacted as 1959 c.510 §19; repealed by 1965 c.100 §456]

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