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Chapter 343 — SpecialEducation Services

2009 EDITION

SPECIALEDUCATION SERVICES

EDUCATIONAND CULTURE

GENERALPROVISIONS

343.035 Definitions

343.041 Supervisionof programs for children with disabilities by Superintendent of PublicInstruction; rules; complaint procedure; staff training; public agencycooperative agreements

343.045 Criteriafor development and operation of special programs; rules

343.055 Administrationof programs by Superintendent of Public Instruction; rules; powers of board

343.065 Employmentof personnel to supervise types of services for special programs; duties;distribution of training materials

343.085 Tuitionprohibited

SPECIALEDUCATION PROCEDURES

343.146 Determinationof eligibility for special education services; evaluation; reevaluation;medical or vision examination; health assessment

343.151 Individualizededucation program; contents; procedures; review; revision; rules; standardforms; alternate forms

343.155 Proceduresto protect rights of child with disability; rules; content of rules

343.157 Dutyof school districts to identify, locate and evaluate resident children in needof special education or early intervention

343.159 Requirementsfor written notice to parents of child with disability; contents of notice;language or mode of communication of parent

343.164 Parentalconsent requirements for evaluation, reevaluation or placement; revocation ofconsent

343.165 Circumstancesrequiring hearing; deadline for requesting hearing; rules; expedited hearing;independent hearing officer

343.167 Resultof hearing; effect of procedural violations; deadline for decision; cost ofhearing; rules

343.173 Parentalright to examine district records; independent evaluation; hearing; costs

343.175 Civilaction following hearing; deadline; attorney fees; limitations; reduction offees

343.177 Educationalplacement during administrative or judicial proceedings; circumstances whereplacement may be changed

343.181 Transferof special education rights to child with disability upon age of majority;notice

343.183 Effectof school district failure to comply; withholding funds; expense of independentevaluation

343.193 Dutyto report child with disability not enrolled in special education program;effect of report

ADMINISTRATIONOF SPECIAL EDUCATION

343.221 Specialeducation required; district projected activities and cost statement; permittedcontracts for services

343.223 Assistivetechnology devices or services; rules

343.224 Schooldistrict liability for expense of noneducational care

343.236 Statereimbursed or operated local, county or regional programs; rules

343.239 Annualbilling for students served by or enrolled in certain programs or school;calculation of amount of billing; notice; payment deadline; distribution ofmoneys

343.243 Receiptof amount from State School Fund for children enrolled in certain programs;calculation of amount received; disposition of amount received

343.247 SpecialEducation Account

343.261 Instructionof certain hospitalized children; rules

343.285 Useof state funds to match federal funds

343.287 StateAdvisory Council for Special Education; members; duties; expenses

343.293 Localadvisory councils on special education; duties

343.295 Documentof successful completion; summary of performance

TALENTEDAND GIFTED CHILDREN

343.391 Purposeof ORS 343.391 to 343.413

343.395 Definitionsfor ORS 343.391 to 343.413

343.396 Natureof programs

343.397 Planof instruction for talented and gifted children

343.399 Stateaid to local districts; criteria

343.401 Useof funds appropriated for ORS 343.391 to 343.413

343.404 Fundingfor program

343.407 Identificationof talented and gifted students

343.409 Talentedand gifted programs required

343.411 Whenidentification and programs for certain children required or optional; stateguidelines

343.413 Shorttitle

SERVICESTO PRESCHOOL CHILDREN WITH DISABILITIES

343.455 Earlychildhood special education provided by prekindergartens; service requirement

343.465 Policyon services to preschool children with disabilities; agency coordination ofservices

Note Effectof unavailability of federal funds on programs for preschool children--1993c.409 §8

343.475 Programof early childhood special education and early intervention services; serviceareas; primary contractor; voluntary local early childhood system plan;residency; sanctions

343.485 Confidentialityof records; rules

343.495 Operationof early childhood special education or early intervention programs bydepartment

343.499 StateInteragency Coordinating Council; appointment; member qualifications; duties;terms; use of federal funds; department’s duties; meetings; conflicts

343.507 Localearly intervention interagency advisory council; members; officers

343.511 Interagencyagreements to provide services; contents

343.513 Eligibilitycriteria; rules

343.517 Parent-initiatedreferral to determine eligibility

343.521 Individualizedfamily service plan; rules; forms

343.523 Servicecoordination requirements for early intervention and early childhood specialeducation

343.527 Requirementsfor written notice to parents of preschool child with disability; contents ofnotice; language or mode of communication of parent

343.531 Proceduralsafeguards; rules

343.533 Transportationservice to preschool children with disabilities; cost

343.534 Allocationof state funds to approved providers

APPROPRIATELEARNING MEDIA FOR BLIND STUDENTS (BRAILLE)

343.565 Definitionsfor ORS 343.565 to 343.595

343.575 Proficiencyin reading and writing for blind student; use of Braille

343.585 Instructionin Braille; individualized education program requirements

343.595 Requirementthat textbook publishers supply material in format from which Braille versioncan be produced

343.600 Statepolicy encouraging use of Braille

DISADVANTAGEDCHILDREN

343.650 Definitionsfor ORS 343.650 to 343.680

343.660 Facilitiesand services for disadvantaged children

343.670 Advancepayment to districts

343.680 Advancepayments and reimbursements to districts of at least 40,000 for operation andconstruction costs

MIGRANTCHILDREN

343.810 Definitionsfor ORS 343.810 to 343.835

343.830 Summerprograms for migrant children

343.835 Reimbursement;district expenditures not subject to Local Budget Law

MISCELLANEOUSPROVISIONS

343.923 Departmentduties for programs for students with moderate to severe retardation

343.961 Responsibilityfor costs of education of children in long-term care or treatment; districtproviding education; notice required before student dismissed from treatmentprogram

343.010 [Repealed by1965 c.100 §456]

343.020 [Repealed by1953 c.110 §2]

343.030 [Repealed by1953 c.110 §2]

GENERALPROVISIONS

343.035Definitions.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 freeappropriate public education as specified by ORS 339.115 and who requiresspecial education because the child has been evaluated as having one of thefollowing conditions as defined by rules established by the State Board ofEducation:

(a)Mental retardation;

(b)Hearing impairment, including difficulty in hearing and deafness;

(c)Speech or language impairment;

(d)Visual impairment, including blindness;

(e)Deaf-blindness;

(f)Emotional disturbance;

(g)Orthopedic or other health impairment;

(h)Autism;

(i)Traumatic brain injury; or

(j)Specific learning disabilities.

(2)“Decision” means the decision of the hearing officer.

(3)“Determination” means the determination by the school district concerning theidentification, evaluation or educational placement of a child with adisability or the provision of a free appropriate public education to the childin a program paid for by the district.

(4)“Developmental delay” means:

(a)Delay, at a level of functioning and in accordance with criteria established byrules of the State Board of Education, in one or more of the followingdevelopmental areas:

(A)Cognitive development;

(B)Physical development, including vision and hearing;

(C)Communication development;