Title 30, Education and Culture

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 havi…

(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…

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 prov…

(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 experienc…

(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 fa…

(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 em…

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]

(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 dist…

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…

(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 prog…

(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 “re…

(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 …

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 partici…

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 a…

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…

(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…

(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 paren…

(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 th…

(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 d…

(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 plac…

(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 jurisd…

(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 progr…

(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: (a) The rights accorded to the child’s parents under this chapter transfer to the child; (b) The school district shall pro…

(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 …

(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…

(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 In…

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…

(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 Ed…

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…

(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…

(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 depa…

(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 …

(1) As used in this section, “hospital” means: (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 s…

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 195…

(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…

(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 serve…

(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 t…

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 s…

(1) The Legislative Assembly finds that: (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 s…

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 pro…

(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 ind…

(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 f…

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.…

(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…

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]

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 g…

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 f…

(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…

(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 superinte…

(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 approve…