Chapter 343 — Chapter 343
259 sections in this chapter.
ORS 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]
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[Repealed or reserved.]
ORS 343.393 [1959 c.528 §11; repealed by 1961 c.500 §2]
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[Repealed or reserved.]
ORS 343.395 Definitions for ORS 343.391 to 343.413. As used in ORS 343.391 to 343.413, unless the context requires otherwise
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(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 fo…
ORS 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]
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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.
ORS 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
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(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 comprehe…
ORS 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
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(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 Edu…
ORS 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
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(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…
ORS 343.403 [1959 c.528 §10; 1963 c.570 §25; repealed by 1965 c.100 §456]
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[Repealed or reserved.]
ORS 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
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(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 an…
ORS 343.405 [1963 c.570 §22a; repealed by 1965 c.100 §456]
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[Repealed or reserved.]
ORS 343.407 Identification of talented and gifted students; rules. School districts shall identify talented and gifted children enrolled in public schools under rules adopted by the State Board of Education. The rules must require school districts to
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(1) Allow any person who knows the child to recommend that a child be screened for identification as a talented and gifted child; (2) Provide a screening of a child recommended under subsection (1) of this section; (3) Accept recommendations under subsection (1) of this section t…
ORS 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]
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[Repealed or reserved.]
ORS 343.410 [1955 c.658 §2; 1961 c.541 §1; 1965 c.100 §413; 1971 c.96 §1; repealed by 1975 c.621 §17]
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[Repealed or reserved.]
ORS 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
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(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…
ORS 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]
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[Repealed or reserved.]
ORS 343.415 [1975 c.455 §2; 1991 c.693 §19; 1993 c.45 §228; renumbered 329.215 in 1993]
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[Repealed or reserved.]
ORS 343.420 [1955 c.658 §1; 1961 c.541 §2; 1965 c.100 §414; repealed by 1975 c.621 §17]
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[Repealed or reserved.]
ORS 343.425 [1975 c.455 §3; 1993 c.45 §229; renumbered 329.225 in 1993]
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[Repealed or reserved.]
ORS 343.430 [1955 c.658 §3; 1961 c.541 §3; repealed by 1965 c.100 §456]
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[Repealed or reserved.]
ORS 343.435 [1975 c.455 §4; renumbered 329.235 in 1993]
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[Repealed or reserved.]
ORS 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)]
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[Repealed or reserved.]
ORS 343.441 [1965 c.100 §418 (enacted in lieu of 343.440); repealed by 1975 c.621 §17]
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[Repealed or reserved.]
ORS 343.445 [1965 c.100 §416; repealed by 1975 c.621 §17]
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[Repealed or reserved.]
ORS 343.450 [1955 c.658 §8; 1961 c.541 §5; 1963 c.570 §25b; 1965 c.100 §419; repealed by 1975 c.621 §17]
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SERVICES TO PRESCHOOL CHILDREN WITH DISABILITIES
ORS 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)
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(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]
ORS 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]
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[Repealed or reserved.]
ORS 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
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(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 dis…
ORS 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]
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[Repealed or reserved.]
ORS 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
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(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 …
ORS 343.480 [1955 c.658 §9; 1961 c.541 §8; repealed by 1965 c.100 §456]
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[Repealed or reserved.]
ORS 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]
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[Repealed or reserved.]
ORS 343.490 [1955 c.658 §13; 1965 c.100 §422; 1965 c.358 §1; repealed by 1975 c.621 §17]
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[Repealed or reserved.]
ORS 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
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(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 co…
ORS 343.498 [1991 c.749 §11; 1993 c.45 §234; repealed by 1993 c.409 §4 (343.499 enacted in lieu of 343.498)]
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[Repealed or reserved.]
ORS 343.499 State Interagency Coordinating Council. (1)(a) There is created the State Interagency Coordinating Council
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(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, …
ORS 343.500 [1955 c.658 §§4,5; 1957 c.219 §2; 1961 c.541 §9; 1965 c.100 §390; renumbered 343.055]
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[Repealed or reserved.]
ORS 343.503 [1991 c.749 §12; repealed by 1995 c.237 §4]
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[Repealed or reserved.]
ORS 343.505 [1971 c.602 §2; repealed by 1975 c.621 §17]
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[Repealed or reserved.]
ORS 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
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(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 ch…
ORS 343.509 [1971 c.602 §3; repealed by 1975 c.621 §17]
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[Repealed or reserved.]
ORS 343.510 [1955 c.658 §12; repealed by 1965 c.100 §456]
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[Repealed or reserved.]
ORS 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
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(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 f…
ORS 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]
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[Repealed or reserved.]
ORS 343.515 [1971 c.602 §4; repealed by 1975 c.621 §17]
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[Repealed or reserved.]
ORS 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
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(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 dev…
ORS 343.519 [1971 c.602 §10; repealed by 1975 c.621 §17]
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[Repealed or reserved.]
ORS 343.520 [1955 c.658 §14; repealed by 1965 c.100 §456]
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[Repealed or reserved.]
ORS 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
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(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 …
ORS 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
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(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 …
ORS 343.525 [1971 c.602 §8; 1975 c.621 §14; renumbered 343.293]
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[Repealed or reserved.]