ORS 343.243¹
Recovery of amount from State School Fund for children enrolled in certain programs
  • calculation of amount recovered
  • disposition of amount recovered

(1) The Department of Education shall recover from the State School Fund an amount for each child who is enrolled in a special education program under ORS 343.261 (Instruction of certain hospitalized children), 343.961 (Responsibility for costs of education of children in long-term care or treatment) and 346.010 (Training and educational services for children who are deaf or blind).

(2) The amount recovered shall be equal to (a) the average net operating expenditure per student of all school districts during the preceding school year multiplied by (b) the resident average daily membership of students enrolled in the special education program one-half of the school day or more, exclusive of preschool children covered by ORS 343.533 (Transportation service to preschool children with disabilities).

(3) The children covered by this section shall be enumerated in the average daily membership of the district providing the instruction but credit for days’ attendance of such children shall not accrue to such school district for the purpose of distributing state school funds.

(4) The liability of a district shall not exceed the amount established under this section even if the child is otherwise subject to ORS 336.575 (Notice and consultation before establishing, expanding or changing residential program) and 336.580 (Education at youth care centers).

(5) The amounts recovered from the State School Fund shall be credited to the appropriate subaccount in the Special Education Account. [1985 c.555 §7; 1987 c.282 §1; 1989 c.875 §1; 1989 c.971 §5; 1991 c.167 §25; 1991 c.780 §37; 1999 c.684 §1; 2001 c.36 §1; 2001 c.900 §243]

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