ORS 343.221¹
Special education required
  • district projected activities and cost statement
  • permitted contracts for services

In order to provide special education for children with disabilities, the district school board of any school district in which there are school-age children who require special education:

(1) Shall submit an annual projected activities and cost statement to the Superintendent of Public Instruction for a program of special education for the district’s children with disabilities. The proposed district program shall include provisions for providing special education and related services and be designed to meet the unique needs of all resident children with disabilities.

(2) Shall provide special education for such children consistent with the projected activities and cost statement.

(3) May, when the board considers a contract to be economically feasible and in the interests of the learning opportunities of eligible children, contract for special education for such children with another school district if the district school boards jointly agree to provide special education.

(4) May, when the board considers a contract to be economically feasible and in the interests of the learning opportunities of eligible children, contract for special education for such children with an education service district if:

(a) The contract is consistent with the local service plan of the education service district developed pursuant to ORS 334.175 (Core services) and the school districts within the education service district approve the contract by a resolution adopted in the manner provided in ORS 334.175 (Core services).

(b) The school district contracts with an education service district pursuant to ORS 334.185 (Entrepreneurial services and facilities).

(5) May contract with private agencies or organizations approved by the State Board of Education for special education.

(6) May use the services of public agencies, including community mental health and developmental disabilities programs, which provide diagnostic, evaluation and other related services for children.

(7) May contract for the provision of related services by a person in private practice if that person is registered, certified or licensed by the State of Oregon as qualified to provide a particular related service that requires registration, certification or licensing by the state. [1959 c.510 §4 (343.211 to 343.291 and 343.990(2) enacted in lieu of 343.234 to 343.304 as compiled in 1957 Replacement Part); 1963 c.403 §1; 1965 c.100 §399; 1975 c.621 §6; 1977 c.529 §1; 1981 c.393 §2; 1983 c.731 §2; 2005 c.828 §6]

Notes of Decisions

This statute does not require a district to provide educa­tional services for handicapped children under regular school age, although a district may choose to do and seek approval of its programs and partial reimburse­ment of costs from Superintendent. Stewart v. Salem School Dist 24J, 65 Or App 188, 670 P2d 1048 (1983)

Atty. Gen. Opinions

Educa­tion for children in child-care agency, (1975) Vol 37, p 611

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/­Archive/­2007ors343.­pdf (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. Currency Information