28 chapters · 1,856 sections in this title.
ORS 343.293 Local advisory councils on special education; duties
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(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…
ORS 343.295 Document of successful completion; summary of performance
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(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…
ORS 343.321 Definitions for ORS 343.321 to 343.331
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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 students resident s…
ORS 343.322 Legislative findings; requirements before considering, recommending or implementing abbreviated school day program; determination of abbreviated school days; parental notification; requirement for parental consent; prohibition on unilateral placement on abbreviated school day program
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(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 students resident s…
ORS 343.324 Requirements for providing abbreviated school day program
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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 students individualized education program team: (a) Recommends that the student should be placed on an abbreviated school day pro…
ORS 343.326 Requirements for individualized education program team meetings; required documentation; notification to Department of Education; reviews of placement
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(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 students ind…
ORS 343.328 Right to revoke consent; effect of revocation; complaints to Department of Education; effects of noncompliance
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(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 343.331 Exemptions from applicability of abbreviated school day program requirements
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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.…
ORS 343.333 No limitation on rights or remedies or on certain expedited hearings
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(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…
ORS 343.391 Purpose of ORS 343.391 to 343.413
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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]
ORS 343.395 Definitions for ORS 343.391 to 343.413
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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…
ORS 343.396 Nature of programs
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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…
ORS 343.397 Plan of instruction for talented and gifted children
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(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…
ORS 343.399 State aid to local districts; criteria
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(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…
ORS 343.401 Use of funds appropriated for ORS 343.391 to 343.413
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(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…
ORS 343.404 Funding for program
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(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. (2) These services may include: (a) Teacher training pr…
ORS 343.407 Identification of talented and gifted students; rules
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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: (1) Allow any person who knows the child to recommend that a child be screened for identificati…
ORS 343.409 Talented and gifted programs required
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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]
ORS 343.411 When identification and programs for certain children required or optional; state guidelines
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(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. (2) School districts may identify and provide special educ…
ORS 343.413 Short title
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ORS 343.407 to 343.413 shall be known as the Oregon Talented and Gifted Education Act. [1987 c.337 §2]
ORS 343.455 Providers under Oregon Prenatal to Kindergarten Program to provide early childhood special education
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(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). (2) Not less than 10 percent of the population of children served by a provider under th…
ORS 343.465 Policy on services to preschool children with disabilities; agency coordination of services
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(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: (a) Recognizes…
ORS 343.475 Program of early childhood special education and early intervention services; rules
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(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, coordi…
ORS 343.485 Confidentiality of records; rules
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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 e…
ORS 343.495 Operation of early childhood special education or early intervention programs by department
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(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…
ORS 343.499 State Interagency Coordinating Council
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(1)(a) There is created the State Interagency Coordinating Council. (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 t…
ORS 343.507 Local early intervention interagency advisory council
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(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 contractors service area. (2) Each local early intervention interagency…
ORS 343.511 Interagency agreements to provide services
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(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. (2) Each inter…
ORS 343.513 Eligibility criteria; rules
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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]
ORS 343.517 Parent-initiated referral to determine eligibility
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(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 childs developmental progress, the parent may initiate a referral to the contractor, or the designated referral a…
ORS 343.521 Individualized family service plan; rules; forms
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(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 pres…
ORS 343.523 Service coordination requirements for early intervention and early childhood special education
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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: (1) Coordinating all services across agency lines; (2) Assis…
ORS 343.527 Requirements for written notice to parents of preschool child with disability
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(1) A contractor or contractors designee shall give written notice to the parents of a preschool child with a disability or the parents of a preschool child suspected of having a disability within a reasonable time before the contractor or the contractors designee: (a) Proposes…
ORS 343.531 Procedural safeguards; rules
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(1) The State Board of Education shall establish by rule the procedural safeguards for the implementation of early intervention services. (2) The State Board of Education shall assure by rule that all preschool children who are three years of age to eligibility for entry into kin…
ORS 343.533 Transportation service to preschool children with disabilities; cost
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(1) The Department of Education shall not bill a resident school district for a child receiving services under this section even if the child is served by a county or regional program otherwise subject to ORS 343.243. (2) The resident school district shall provide transportation …
ORS 343.534 Allocation of state funds to approved providers
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(1) The funds specially appropriated to early childhood special education and early intervention services shall be contracted to providers that have been approved by the Superintendent of Public Instruction. (2) State funds shall be allocated on an approved program basis, the amo…
ORS 343.565 Definitions for ORS 343.565 to 343.595
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As used in ORS 343.565 to 343.595: (1) Braille means the system of reading and writing through touch commonly known as standard English Braille. (2) Student who is blind means an individual who: (a) Is eligible for special education due to visual impairment; or (b) Has a medi…
ORS 343.575 Proficiency in reading and writing for blind student; use of Braille
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(1) In developing the individualized education program for each student who is blind, the presumption shall be that proficiency in reading and writing is essential for the student to achieve satisfactory educational progress. Each student who is blind shall be assessed to determi…
ORS 343.585 Instruction in Braille; individualized education program requirements
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Instruction in Braille reading and writing provided under ORS 342.153 and 343.565 to 343.595 shall be sufficient to enable each student who is blind to communicate effectively. When the need for Braille is determined, the students individualized education program shall specify t…
ORS 343.595 Requirement that textbook publishers supply material in format from which Braille version can be produced
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The State Board of Education shall require a publisher of a textbook adopted by a school district to furnish the Oregon Textbook and Media Center with computer diskettes for literary subjects in a computer-accessible format from which Braille versions of the textbook can be produ…
ORS 343.600 State policy encouraging use of Braille
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It shall be the policy of this state that students who are blind and who, due to lack of visual acuity or perception, cannot read printed material at a competitive rate of speed and with facility, or who have a reasonable expectation of visual deterioration, shall be encouraged t…
ORS 343.650 Definitions for ORS 343.650 to 343.680
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As used in ORS 343.650 to 343.680, unless the context requires otherwise: (1) Disadvantaged children means children who in their backgrounds are socially or culturally deprived to such a degree that without supplemental facilities and services they cannot profit in the regular …
ORS 343.660 Facilities and services for disadvantaged children
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The district school board of any school district in which the regular school program is inadequate for the educational needs of disadvantaged children may provide facilities and services for such children during and outside of regular school hours and regular school days. [1965 c…
ORS 343.670 Advance payment to districts
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Notwithstanding the provisions of any other law, the Department of Education may make advance payment from funds received by the Department of Education pursuant to Public Law 89-10, as further amended by Public Law 95-561, to school districts based on the estimated cost of any a…
ORS 343.680 Advance payments and reimbursements to districts of at least 40,000 for operation and construction costs
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(1) For the purposes of carrying out the provisions of ORS 343.650 to 343.670 the Department of Education shall advance to or reimburse any common or union high school district with at least 40,000 average daily membership, as defined by ORS 327.006, from funds specifically appro…
ORS 343.810 Definitions for ORS 343.810 to 343.835
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As used in ORS 343.810 to 343.835, unless the context requires otherwise: (1) Migrant child means a child between 3 and 21 years of age who is in the custody of migrant workers whether or not they are parents of the child. (2) Migrant worker means an individual engaged in agr…
ORS 343.830 Summer programs for migrant children
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School districts may establish summer programs for migrant children to supplement the regular school program and provide instruction in those educational areas in which the migrant child needs special help. The summer programs may be attended by migrant children who will attend r…
ORS 343.835 Reimbursement; district expenditures not subject to Local Budget Law
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Pursuant to rules of the State Board of Education, school districts shall submit a proposed budget for summer programs to the Superintendent of Public Instruction for approval. Upon completion of the summer program the claim shall be presented to the Superintendent of Public Inst…
ORS 343.923 Department duties for programs for students with moderate to severe intellectual disabilities
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The Department of Education shall: (1) Pursuant to rules of the State Board of Education, require that programs for students with moderate to severe intellectual disabilities meet program standards. (2) Supply the Department of Human Services with information, on forms developed …
ORS 343.941 Department duties for education of students admitted to pediatric nursing facilities
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(1) As used in this section, pediatric nursing facility means a skilled nursing facility, as defined in ORS 442.015, that: (a) Is licensed by the Department of Human Services; and (b) Serves pediatric residents, of which 50 percent or more were admitted when 13 years of age or …