Chapter 343 — Chapter 343
259 sections in this chapter.
ORS 343.180 [Repealed by 1965 c.100 §456]
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[Repealed or reserved.]
ORS 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 109.621 or 109.625 or is emancipated pursuant to ORS 419B.550 to 419B.558
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(a) The rights accorded to the child’s parents under this chapter transfer to the child; (b) The school district shall provide any written notice required to both the child and the parents; and (c) The school district shall notify the child and the parents of the transfer of righ…
ORS 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
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(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 …
ORS 343.185 [1979 c.423 §12 (enacted in lieu of 343.077); 1983 c.294 §1; 1989 c.158 §1; repealed by 1991 c.795 §15]
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[Repealed or reserved.]
ORS 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
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(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…
ORS 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]
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[Repealed or reserved.]
ORS 343.190 [Repealed by 1965 c.100 §456]
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[Repealed or reserved.]
ORS 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
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(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 …
ORS 343.195 [1991 c.795 §16; 1993 c.45 §212; repealed by 1999 c.989 §36]
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[Repealed or reserved.]
ORS 343.200 [Repealed by 1965 c.100 §456]
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[Repealed or reserved.]
ORS 343.210 [Repealed by 1955 c.721 §1]
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[Repealed or reserved.]
ORS 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)]
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[Repealed or reserved.]
ORS 343.212 [1965 c.100 §396 (enacted in lieu of 343.211); 1969 c.291 §1; 1975 c.621 §4; renumbered 343.035]
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[Repealed or reserved.]
ORS 343.216 [1953 c.444 §§1,2; repealed by 1955 c.721 §1]
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[Repealed or reserved.]
ORS 343.218 [1953 c.444 §§3,4; repealed by 1955 c.721 §1]
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[Repealed or reserved.]
ORS 343.220 [Repealed by 1953 c.710 §23]
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(Administration)
ORS 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
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(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 …
ORS 343.222 [1953 c.444 §6; repealed by 1955 c.721 §1]
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[Repealed or reserved.]
ORS 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
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(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 p…
ORS 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]
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[Repealed or reserved.]
ORS 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]
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[Repealed or reserved.]
ORS 343.227 [1965 c.100 §398; 1975 c.621 §5; 1993 c.45 §213; 1993 c.316 §1; repealed by 1999 c.989 §36]
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[Repealed or reserved.]
ORS 343.230 [Repealed by 1953 c.710 §23]
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[Repealed or reserved.]
ORS 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]
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[Repealed or reserved.]
ORS 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)]
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[Repealed or reserved.]
ORS 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]
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[Repealed or reserved.]
ORS 343.236 Special education provided by state through local, county or regional program; funding formula; report; 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
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(A) Have a visual impairment; (B) Are deaf or hard of hearing; (C) Are deafblind; (D) Have an orthopedic impairment; (E) Have autism spectrum disorder; or (F) Have traumatic brain injury. (b) The superintendent shall designate one of the regional programs that provides special ed…
ORS 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)]
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[Repealed or reserved.]
ORS 343.239 [2001 c.64 §1; 2009 c.562 §24; repealed by 2021 c.190 §3]
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[Repealed or reserved.]
ORS 343.240 [Repealed by 1953 c.710 §23]
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[Repealed or reserved.]
ORS 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]
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[Repealed or reserved.]
ORS 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
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(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) Th…
ORS 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)]
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[Repealed or reserved.]
ORS 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]
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[Repealed or reserved.]
ORS 343.246 [1993 c.749 §11; repealed by 2001 c.36 §3]
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[Repealed or reserved.]
ORS 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
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(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 …
ORS 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)]
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[Repealed or reserved.]
ORS 343.250 [Repealed by 1953 c.710 §23]
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[Repealed or reserved.]
ORS 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]
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[Repealed or reserved.]
ORS 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)]
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[Repealed or reserved.]
ORS 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]
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[Repealed or reserved.]
ORS 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)]
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[Repealed or reserved.]
ORS 343.260 [Repealed by 1953 c.710 §23]
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[Repealed or reserved.]
ORS 343.261 Instruction of certain hospitalized children; rules. (1) As used in this section, “hospital” means
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(a) A state-operated hospital; (b) A hospital or clinic of the Oregon Health and Science University; or (c) A private hospital that is not a psychiatric facility and that: (A) Has the capacity to admit patients from throughout this state; (B) Provides specialized intensive treatm…
ORS 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)]
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[Repealed or reserved.]
ORS 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]
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[Repealed or reserved.]
ORS 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)]
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[Repealed or reserved.]
ORS 343.270 [Repealed by 1953 c.710 §23]
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[Repealed or reserved.]
ORS 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]
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[Repealed or reserved.]
ORS 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)]
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[Repealed or reserved.]