2017 ORS 343.243¹
Receipt of amount from State School Fund for children enrolled in certain programs
  • calculation of amount received
  • disposition of amount received

(1) Each school year, the Department of Education shall receive an amount, as calculated under this section, from the State School Fund to pay the costs of educating children in programs under ORS 343.261 (Instruction of certain hospitalized children), 343.961 (Responsibility for costs of education of children in day and residential treatment programs) and 346.010 (Training and educational services for children who are deaf).

(2) To meet the requirements of ORS 343.261 (Instruction of certain hospitalized children), the department shall receive from the State School Fund an amount that is equal to the product of the following:

(a) The average net operating expenditure per student of all school districts during the preceding school year; and

(b) The number of slots available for students in the hospital programs under ORS 343.261 (Instruction of certain hospitalized children), as determined by the department for the school year.

(3) To meet the requirements of ORS 343.961 (Responsibility for costs of education of children in day and residential treatment programs), the department shall receive from the State School Fund an amount that is equal to the product of the following:

(a) The average net operating expenditure per student of all school districts during the preceding school year; and

(b) The number of slots available for all students in eligible day treatment programs and eligible residential treatment programs under ORS 343.961 (Responsibility for costs of education of children in day and residential treatment programs) for the school year, as determined by the Department of Education based on information received from the Department of Human Services, the Oregon Health Authority, the Oregon Youth Authority and eligible day treatment programs and eligible residential treatment programs.

(4) To meet the requirements of ORS 346.010 (Training and educational services for children who are deaf), the Department of Education shall receive from the State School Fund an amount that is equal to the product of the following:

(a) The average net operating expenditure per student of all school districts during the preceding school year; and

(b) The resident average daily membership of students enrolled in a program under ORS 346.010 (Training and educational services for children who are deaf) for one-half of the school day or more, exclusive of preschool children covered by ORS 343.533 (Transportation service to preschool children with disabilities).

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

(6) 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).

(7) The department shall credit amounts received from the State School Fund under this section 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; 2009 c.439 §1; 2011 c.701 §3]

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.