ORS 343.173
Parental right to examine district records

  • independent evaluation
  • hearing
  • costs

(1)

Notwithstanding the limitation on access to records under ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department), 326.565 (Standards for student records), 326.575 (Records when student transfers or is placed elsewhere) and 336.187 (When school authorized to disclose information about student), 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 placement of the child and the provision of a free appropriate public education to the child.

(2)

Any parent is entitled to obtain an independent evaluation at the expense of the school district if the parent disagrees with an evaluation obtained by the district.

(3)

If the school district disagrees with the parent’s request for an independent educational evaluation, the district may initiate a hearing under ORS 343.165 (Circumstances requiring hearing) to show that the district’s evaluation is appropriate. If the final decision is that the district’s evaluation is appropriate, the parent has the right to an independent educational evaluation, but not at the district’s expense.

(4)

If the parent requests an independent educational evaluation of the child, the school district shall provide information about where an independent educational evaluation may be obtained.

(5)

If a hearing officer appointed under ORS 343.165 (Circumstances requiring hearing) requests an independent educational evaluation as part of a hearing, the school district shall pay the cost of the evaluation.

(6)

For purposes of this section, “independent educational evaluation” means an evaluation conducted by a qualified examiner who is not employed by the school district responsible for the child in question. [1979 c.423 §8 (enacted in lieu of 343.077); 1989 c.252 §3; 1989 c.491 §36; 1993 c.45 §207; 1999 c.989 §18]

Source: Section 343.173 — Parental right to examine district records; independent evaluation; hearing; costs, https://www.­oregonlegislature.­gov/bills_laws/ors/ors343.­html.

343.035
Definitions for chapter
343.041
Supervision of programs for children with disabilities by Superintendent of Public Instruction
343.045
Criteria for development and operation of special programs
343.055
Administration of programs by Superintendent of Public Instruction
343.065
Employment of personnel to supervise types of services for special programs
343.085
Tuition prohibited
343.146
Determination of eligibility for special education services
343.148
Requirements for individualized family service plans and individualized education programs for children who are deaf or deafblind or who are hard of hearing
343.151
Individualized education program
343.152
Terminology in individualized education program for child with an intellectual disability
343.154
Functional behavioral assessments and behavior intervention plans
343.155
Procedures to protect rights of child with disability
343.156
Limitations on appointment of surrogate to protect educational rights of a child with a disability
343.157
Duty of school districts to identify, locate and evaluate resident children who may have disabilities
343.159
Requirements for written notice to parents of child with disability
343.161
Abbreviated school day programs
343.164
Parental consent requirements for evaluation, reevaluation or placement
343.165
Circumstances requiring hearing
343.167
Result of hearing
343.173
Parental right to examine district records
343.175
Civil action following hearing
343.177
Educational placement during administrative or judicial proceedings
343.181
Transfer of special education rights to child with disability upon age of majority
343.183
Effect of school district failure to comply
343.193
Duty to report child with disability not enrolled in special education program
343.221
Special education required
343.223
Assistive technology devices or services
343.224
School district liability for expense of noneducational care
343.236
Special education provided by state through local, county or regional program
343.243
Receipt of amount from State School Fund for children enrolled in certain programs
343.247
Special Education Account
343.261
Instruction of certain hospitalized children
343.285
Use of state funds to match federal funds
343.287
State Advisory Council for Special Education
343.293
Local advisory councils on special education
343.295
Document of successful completion
343.391
Purpose of ORS 343.391 to 343.413
343.395
Definitions for ORS 343.391 to 343.413
343.396
Nature of programs
343.397
Plan of instruction for talented and gifted children
343.399
State aid to local districts
343.401
Use of funds appropriated for ORS 343.391 to 343.413
343.404
Funding for program
343.407
Identification of talented and gifted students
343.409
Talented and gifted programs required
343.411
When identification and programs for certain children required or optional
343.413
Short title
343.455
Prekindergartens to provide early childhood special education
343.465
Policy on services to preschool children with disabilities
343.475
Program of early childhood special education and early intervention services
343.485
Confidentiality of records
343.495
Operation of early childhood special education or early intervention programs by department
343.499
State Interagency Coordinating Council
343.507
Local early intervention interagency advisory council
343.511
Interagency agreements to provide services
343.513
Eligibility criteria
343.517
Parent-initiated referral to determine eligibility
343.521
Individualized family service plan
343.523
Service coordination requirements for early intervention and early childhood special education
343.527
Requirements for written notice to parents of preschool child with disability
343.531
Procedural safeguards
343.533
Transportation service to preschool children with disabilities
343.534
Allocation of state funds to approved providers
343.565
Definitions for ORS 343.565 to 343.595
343.575
Proficiency in reading and writing for blind student
343.585
Instruction in Braille
343.595
Requirement that textbook publishers supply material in format from which Braille version can be produced
343.600
State policy encouraging use of Braille
343.650
Definitions for ORS 343.650 to 343.680
343.660
Facilities and services for disadvantaged children
343.670
Advance payment to districts
343.680
Advance payments and reimbursements to districts of at least 40,000 for operation and construction costs
343.810
Definitions for ORS 343.810 to 343.835
343.830
Summer programs for migrant children
343.835
Reimbursement
343.923
Department duties for programs for students with moderate to severe intellectual disabilities
343.941
Department duties for education of students admitted to pediatric nursing facilities
343.961
Responsibility for costs of education of children in day and residential treatment programs
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