ORS 343.146¹
Determination of eligibility for special education services
  • evaluation
  • reevaluation
  • examinations and assessments

(1) To receive special education, children with disabilities shall be determined eligible for special education services under a school district program approved under ORS 343.045 (Criteria for development and operation of special programs) and as provided under ORS 343.221 (Special education required).

(2) Before initially providing special education, the school district shall ensure that a full and individual evaluation is conducted to determine the child’s eligibility for special education and the child’s special educational needs.

(3) Eligibility for special education shall be determined pursuant to rules adopted by the State Board of Education.

(4) Each school district shall conduct a reevaluation of each child with a disability in accordance with rules adopted by the State Board of Education.

(5) If a medical examination is required as part of an initial evaluation or reevaluation, the examination must be given by:

(a) A physician licensed under ORS chapter 677 or by the appropriate authority in another state;

(b) A naturopathic physician licensed under ORS chapter 685 or by the appropriate authority in another state;

(c) A nurse practitioner licensed under ORS 678.375 (Nurse practitioners) to 678.390 (Authority of nurse practitioner and clinical nurse specialist to write prescriptions or dispense drugs) or by the appropriate authority in another state; or

(d) A physician assistant licensed under ORS 677.505 (Application of provisions governing physician assistants to other health professions) to 677.525 (Fees) or by the appropriate authority in another state.

(6) If a vision examination is required as part of an initial evaluation or reevaluation, the examination must be given by:

(a) A person licensed to practice optometry under ORS chapter 683 or by the appropriate authority in another state; or

(b) A physician who specializes in ophthalmology and who is licensed under ORS chapter 677 or by the appropriate authority in another state.

(7) If an audiological assessment is required as part of an initial evaluation or reevaluation, the assessment must be given by an audiologist licensed under ORS chapter 681 or by the appropriate authority in another state.

(8) The information obtained in an examination or assessment performed under subsection (5), (6) or (7) of this section must be reported by the practitioner who performed the examination or assessment to the school district in which the child is or will be enrolled. [1999 c.989 §12; 2005 c.662 §2; 2007 c.86 §4; 2017 c.356 §30; 2019 c.171 §1]

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 and Other Specialized Education Services, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors343.­html (2019) (last ac­cessed May 16, 2020).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 343, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano343.­html (2019) (last ac­cessed May 16, 2020).
 
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