Chapter 343 — Chapter 343
259 sections in this chapter.
ORS 343.010 [Repealed by 1965 c.100 §456]
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[Repealed or reserved.]
ORS 343.020 [Repealed by 1953 c.110 §2]
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[Repealed or reserved.]
ORS 343.030 [Repealed by 1953 c.110 §2]
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SPECIAL EDUCATION (Generally)
ORS 343.035 Definitions for chapter. As used in this chapter unless the context requires otherwise
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(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 establis…
ORS 343.037 [1985 c.555 §14; repealed by 1993 c.749 §4]
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[Repealed or reserved.]
ORS 343.040 [Repealed by 1953 c.110 §2]
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[Repealed or reserved.]
ORS 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
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(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 Educati…
ORS 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]
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[Repealed or reserved.]
ORS 343.050 [Repealed by 1953 c.110 §2]
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[Repealed or reserved.]
ORS 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
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(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…
ORS 343.060 [Repealed by 1953 c.110 §2]
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[Repealed or reserved.]
ORS 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
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(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 …
ORS 343.068 Work conditions of school district employees assigned to work with students with specialized needs. (1) As used in this section
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(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 tit…
ORS 343.070 [Repealed by 1953 c.110 §2]
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[Repealed or reserved.]
ORS 343.075 [1965 c.100 §393; 1973 c.728 §5; repealed by 1975 c.621 §17]
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[Repealed or reserved.]
ORS 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)]
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[Repealed or reserved.]
ORS 343.080 [Repealed by 1953 c.110 §2]
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[Repealed or reserved.]
ORS 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]
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[Repealed or reserved.]
ORS 343.090 [Repealed by 1965 c.100 §456]
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[Repealed or reserved.]
ORS 343.095 [1993 c.409 §3; renumbered 343.523 in 1999]
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[Repealed or reserved.]
ORS 343.100 [Repealed by 1965 c.100 §456]
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[Repealed or reserved.]
ORS 343.110 [Repealed by 1965 c.100 §456]
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[Repealed or reserved.]
ORS 343.120 [Repealed by 1965 c.100 §456]
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[Repealed or reserved.]
ORS 343.125 [1973 c.730 §2; 1981 c.878 §1; 1991 c.346 §1; 1993 c.45 §202; renumbered 329.255 in 1993]
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[Repealed or reserved.]
ORS 343.130 [Amended by 1957 c.232 §1; renumbered 343.910]
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[Repealed or reserved.]
ORS 343.135 [1973 c.730 §3; 1981 c.878 §2; 1991 c.346 §2; renumbered 329.265 in 1993]
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[Repealed or reserved.]
ORS 343.140 [Repealed by 1965 c.100 §456]
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[Repealed or reserved.]
ORS 343.145 [1973 c.730 §4; renumbered 329.275 in 1993]
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(Procedures)
ORS 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
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(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 …
ORS 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]
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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.
ORS 343.149 [1999 c.989 §22; repealed by 2005 c.209 §41 and 2005 c.662 §17]
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[Repealed or reserved.]
ORS 343.150 [Repealed by 1965 c.100 §456]
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[Repealed or reserved.]
ORS 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
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(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 individ…
ORS 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
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(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…
ORS 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]
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[Repealed or reserved.]
ORS 343.154 Functional behavioral assessments and behavior intervention plans. (1) As used in this section
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(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 f…
ORS 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
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(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) R…
ORS 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
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(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, placemen…
ORS 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]
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[Repealed or reserved.]
ORS 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
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(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 …
ORS 343.160 [Repealed by 1965 c.100 §456]
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[Repealed or reserved.]
ORS 343.161 [2017 c.322 §2; 2019 c.295 §1; 2023 c.202 §8; repealed by 2023 c.290 §8]
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[Repealed or reserved.]
ORS 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)]
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[Repealed or reserved.]
ORS 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
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(2)(a) At any time, the parent of a child may revoke, in writing, consent for: (A) An initial evaluation; (B) The initial provision and the continuing provision of special education and related services; and (C) A reevaluation. (b) If a parent revokes consent as provided in parag…
ORS 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
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(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 distric…
ORS 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
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(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 …
ORS 343.170 [Repealed by 1965 c.100 §456]
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[Repealed or reserved.]
ORS 343.173 (1) Notwithstanding the limitation on access to records under ORS 192.311 to 192.478, 326.561, 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
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(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 …
ORS 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
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(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 addit…
ORS 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
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(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 …