2017 ORS 343.155¹
Procedures to protect rights of child with disability
  • rules

The State Board of Education shall establish by rule procedures to protect the rights of every child with a disability who is eligible for special education and every child who there is a reasonable cause to believe has a disability, including:

(1) Rules providing for the participation of the parents of a child with a disability in meetings regarding the child’s identification, evaluation, individualized education program, educational placement and the provision of a free appropriate public education to the child.

(2) Rules governing the procedures for the appointment of a surrogate for the parent and other rules necessary to protect the special educational rights of the child, which shall include, but need not be limited to, rules applicable whenever:

(a) No parent of the child can be identified or located after reasonable efforts;

(b) There is reasonable cause to believe that the child has a disability and is a ward of the state;

(c) The child is an unaccompanied homeless youth;

(d) The child reaches the age of majority and has been determined not to have the ability to give informed consent regarding the child’s education; or

(e) The parent, guardian or former guardian of the child is disqualified from being appointed as a surrogate under ORS 343.156 (Limitations on appointment of surrogate to protect educational rights of a child with a disability).

(3) Rules prescribing mediation procedures, resolution sessions and hearings procedures if identification, evaluation, individualized education program or placement is contested.

(4) Rules prescribing when notice of procedural safeguards must be given to the parents or the child with a disability who has reached the age of majority, the content of the notice and the language of the notice.

(5) Rules prescribing standards and procedures for disciplinary actions for behavior or misconduct of a child with a disability.

(6) Other procedural safeguards as required by law. [1979 c.423 §3 (enacted in lieu of 343.077); 1989 c.491 §34; 1991 c.795 §3; 1999 c.989 §10; 2005 c.662 §4; 2007 c.70 §103; 2011 c.194 §7; 2013 c.1 §41]

Notes of Decisions

Under Former Similar Statute (Ors 343.077)

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 and Other Specialized Education Service, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors343.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 343, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano343.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.