ORS 343.193¹
Duty to report child with disability not enrolled in special education program
  • effect of report

(1) Any public or private official having reasonable cause to believe that any child with whom the official comes in contact officially is a child with a disability who is eligible for but not enrolled in a special education program shall report to the Superintendent of Public Instruction the child’s name and the facts leading the official to the belief.

(2) Nothing in ORS 40.225 (Rule 503. Lawyer-client privilege) to 40.295 (Rule 514. Effect on existing privileges) shall affect the duty to report imposed by subsection (1) of this section except that a physician, licensed psychologist, member of the clergy or attorney shall not be required to report information communicated by an adult if such information is privileged under ORS 40.225 (Rule 503. Lawyer-client privilege) to 40.295 (Rule 514. Effect on existing privileges).

(3) Upon receipt of a report under subsection (1) of this section, the Superintendent of Public Instruction shall verify whether the child is enrolled in a special education program and may cause an investigation, including an evaluation under ORS 343.146 (Determination of eligibility for special education services), to be made to determine whether the child is eligible for a program under ORS 343.221 (Special education required).

(4) As used in this section, “public or private official” has the meaning given in ORS 419B.005 (Definitions). [1979 c.836 §6; 1983 c.740 §108; 1989 c.224 §53; 1993 c.45 §210; 1993 c.546 §102; 1999 c.989 §35; 2001 c.104 §117; 2007 c.70 §105]

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