Title 30, Education and Culture

(1) No contract teacher shall be dismissed or the teacher’s contract nonextended except for: (a) Inefficiency; (b) Immorality; (c) Insubordination; (d) Neglect of duty, including duties specified by written rule; (e) Physical or mental incapacity; (f) Conviction of a felony or of…

Whenever a district superintendent has reason to believe that cause exists for the dismissal of a contract teacher on any ground specified in ORS 342.865 (1)(b) to (f), and when the district superintendent is of the opinion that immediate suspension of the teacher is necessary fo…

(1) Contract teachers shall be employed by a school district pursuant to two-year employment contracts. (2) Authority to dismiss or not extend a contract teacher is vested in the district school board subject to the provisions of the fair dismissal and contract extension procedur…

(1) If the district school board dismisses the teacher or does not extend the contract of the contract teacher, the teacher or the teacher’s representative may appeal that decision to the Fair Dismissal Appeals Board established under ORS 342.930 by depositing by certified mail a…

(1) Any teacher who files an appeal of a dismissal or nonextension of a contract decision with the Fair Dismissal Appeals Board, upon motion of the school district, shall be required to waive any contract grievance claim regarding the same dismissal or nonextension of a contract …

(1) The Fair Dismissal Appeals Board is created, consisting of 24 members appointed by the Governor, subject to confirmation by the Senate as provided in ORS 171.562 and 171.565. (2)(a) The membership of the board shall be as follows: (A) Six members must be administrators in com…

(1) As used in this section: (a) “Competence” means the ability of a teacher to teach a subject or grade level based on consideration of any of the following: (A) Teaching experience within the past five years related to the subject or grade level; (B) Educational attainments, wh…

The Superintendent of Public Instruction may reimburse any school districts for all or part of the costs reasonably related to a dismissal of a contract teacher or nonextension of a contract teacher’s contract, or appeal therefrom under ORS 342.805 to 342.937, provided that the s…

(1) As used in this section and ORS 342.943, “educator” means a person who is: (a) A teacher, an administrator or another school employee who is employed to provide instruction or support to students in early childhood education or in kindergarten through grade 12; or (b) Enterin…

(1) The Educator Advancement Council shall establish a system of educator networks, including prescribing characteristics of educator networks and selecting the entities to serve as educator networks. (2) An entity is eligible to sponsor an educator network if the entity: (a) Is …

(1) The Educator Advancement Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Educator Advancement Fund shall be credited to the Educator Advancement Fund. (2) Moneys in the Educator Advancement Fund are continuously a…

Notwithstanding any other law, a district school board may conduct internal investigations of alleged employee misconduct or wrongdoing at any time. [1997 c.864 §17] Note: 342.961 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter …

A district school board may provide for the interchange of teachers with school districts of other states or countries. Teachers exchanged shall teach one year, the year’s service outside the state being credited to them as service in the district in which they are regularly empl…

(1) There is created the Educator Preparation Improvement Fund, separate and distinct from the General Fund. Interest earned on moneys in the Educator Preparation Improvement Fund shall be credited to the fund. (2) The Teacher Standards and Practices Commission may accept from an…

(1) The Department of Education shall create an Oregon Education Support Professional of the Year Program. (2) Each year, in collaboration with the Oregon State Lottery Commission, the Department of Education shall honor and recognize at least one outstanding education support pr…

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…