2007 ORS 343.183¹
Effect of school district failure to comply
  • withholding funds
  • expense of independent evaluation

(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 the requirements of ORS 343.146 (Determination of eligibility for special education services) to 343.183 (Effect of school district failure to comply).

(2) If the Superintendent of Public Instruction finds that the school district has refused to pay for the independent evaluation when the results thereof required the determination of the school district to be revised significantly, the superintendent may withhold from funds due the district for special education an amount not to exceed the expense incurred by the parent in obtaining the independent evaluation. The superintendent shall use the funds thus withheld for payment of the costs of the independent evaluation. [1979 c.423 §11 (enacted in lieu of 343.077); 1989 c.491 §37]

Notes of Decisions

This sec­tion does not give depart­ment authority to require district to pay money directly to aggrieved parent. Laughlin v. School Dist. No. 1, 69 Or App 63, 686 P2d 385 (1984)

Notes of Decisions

Under Former Similar Statute

Under former sec­tion hearings of­fi­cer and Depart­ment of Educa­tion were empowered to direct school district to pay tui­tion of handicapped child placed in private residential facility. Mahoney v. Adm. Sch. Dist. No. 1, 42 Or App 665, 601 P2d 826 (1979)

Chapter 343

Notes of Decisions

As handicapped children are entitled under this chapter to receive special educa­tion and related services free of charge, where private residential place­ment for handicapped child has been found necessary, tui­tion expense must be borne by school district, and this obliga­tion is not limited to school year. Mahoney v. Adm. Sch. Dist. No. 1, 42 Or App 665, 601 P2d 826 (1979)

1 Legislative Counsel Committee, CHAPTER 343—Special Education Services, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­343.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 343, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­343ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.