ORS 343.961
Responsibility for costs of education of children in day and residential treatment programs

  • responsibilities of district providing education
  • notice required before student dismissed from program

(1)

As used in this section:

(a)

“Day treatment program” means a public or private program that provides treatment of children with a mental illness, an emotional disturbance or another mental health issue.

(b)

“Eligible day treatment program” means a day treatment program with which the Oregon Health Authority contracts for long term care or treatment. “Eligible day treatment program” does not include residential treatment programs or programs that provide care or treatment to juveniles who are in detention facilities.

(c)

Intentionally left blank —Ed.

(A)

“Eligible residential treatment program” means:
(i)
A residential treatment program with which the Oregon Health Authority, the Department of Human Services or the Oregon Youth Authority contracts for long term care or treatment.
(ii)
A residential program that provides disability-related supports under a license issued by the Department of Human Services under ORS 443.410 (Single license required) and that:

(I)

Was licensed by the Department of Human Services on July 1, 2021, and maintains that license as a valid license; and

(II)

Has students being provided education by a school district that received moneys under this section for the 2020-2021 school year and that has an average daily membership, as defined in ORS 327.006 (Definitions for State School Fund distributions), of 15,000 or less.

(B)

“Eligible residential treatment program” does not include psychiatric day treatment programs or programs that provide care or treatment to juveniles who are in detention facilities.

(d)

“Residential treatment program” means a public or private residential program that provides treatment of children with a mental illness, an emotional disturbance or another mental health issue.

(e)

“Student” means a child who is placed in an eligible day treatment program or eligible residential treatment program by a public or private entity or by the child’s parent.

(2)

The Department of Education shall provide moneys for payment of the costs of education of students in eligible day treatment programs and eligible residential treatment programs as provided by ORS 327.023 (Grants for special and compensatory education programs). Payment shall be made to the school district in which the eligible day treatment program or eligible residential treatment program is located. The costs of education do not include transportation, care, treatment or medical expenses.

(3)

Intentionally left blank —Ed.

(a)

The school district in which an eligible day treatment program or eligible residential treatment program is located is responsible for providing the education of a student, including the identification, location and evaluation of the student for the purpose of determining the student’s eligibility to receive special education and related services.

(b)

A school district that is responsible for providing an education under this subsection may provide the education:

(A)

Directly or through another school district or an education service district; and

(B)

In the facilities of an eligible day treatment program, an eligible residential treatment program, a school district or an education service district, except that an eligible residential treatment program described in subsection (1)(c)(A)(ii) of this section may not provide education in the facilities of the program.

(c)

When a student is no longer in an eligible day treatment program or eligible residential treatment program, the responsibilities imposed by this subsection terminate and become the responsibilities of the school district where the student is a resident, as determined under ORS 339.133 (Determination of residency of student for school purposes) and 339.134 (Residency of child voluntarily placed outside child’s home and living in substitute care program).

(4)

The school district where the student is a resident is responsible for providing transportation to a student enrolled in an eligible day treatment program. Transportation must be provided by the school district where the student is a resident each day the student is scheduled to receive services from the eligible day treatment program.

(5)

A school district may request the Department of Education to directly make payments to another school district or an education service district for eligible day treatment programs or eligible residential treatment programs when education is provided by the other school district or the education service district. Payments made under this subsection do not affect any responsibilities described in subsection (3) of this section for the school district that made the request.

(6)

The Oregon Health Authority, the Department of Human Services or the Oregon Youth Authority shall give the school district providing the education at an eligible day treatment program or an eligible residential treatment program 14 days’ notice, to the extent practicable, before a student is dismissed from the program.

(7)

The Department of Education may make advances to school districts responsible for providing an education to students under this section from funds appropriated for that purpose based on the estimated agreed cost of educating the students per school year. Advances equal to 25 percent of the estimated cost may be made on September 1, December 1 and March 1 of the current year. The balance may be paid whenever the full determination of cost is made.

(8)

School districts that provide the education described in this section on a year-round plan may apply for 25 percent of the funds appropriated for that purpose on July 1, October 1, January 1, and 15 percent on April 1. The balance may be paid whenever the full determination of cost is made.

(9)

In addition to the payment methods described in this section, the Department of Education may negotiate intergovernmental agreements to pay for the cost of education in day treatment programs and residential treatment programs operated under the auspices of the governing board of a public university listed in ORS 352.002 (Public universities) or the Oregon Health and Science University Board of Directors. [1985 c.555 §19a; enacted in lieu of 343.960 and 343.965; 1987 c.223 §1; 1989 c.1011 §1; 1991 c.780 §26; 1991 c.795 §13; 1993 c.749 §20; 1997 c.521 §26; 2009 c.595 §217; 2011 c.701 §§1,7; 2013 c.735 §21; 2013 c.768 §136; 2015 c.282 §1; 2015 c.767 §111; 2021 c.304 §1]

Source: Section 343.961 — Responsibility for costs of education of children in day and residential treatment programs; responsibilities of district providing education; notice required before student dismissed from program, 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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