2017 ORS 343.475¹
Program of early childhood special education and early intervention services
  • rules

(1)(a) In accordance with rules adopted by the State Board of Education, the Superintendent of Public Instruction in collaboration with the Early Learning Council shall develop and administer a statewide, comprehensive, coordinated, multidisciplinary, interagency program of early childhood special education and early intervention services for preschool children with disabilities.

(b) The program must ensure that each preschool child with a disability has access to a comprehensive plan for communication that allows the child, by the age of three years, to engage in expressive and receptive communication across all learning, home and community settings. The plan may allow for communication orally, by sign language, by assistive technology or by augmentative communication.

(2) In accordance with rules adopted by the State Board of Education, the Superintendent of Public Instruction in collaboration with the Early Learning Council may:

(a) Establish and designate service areas throughout the state for the delivery of early childhood special education and early intervention services that shall meet state and federal guidelines and be delivered to all eligible children.

(b) Designate in each service area a primary contractor that shall be responsible for the administration and coordination of early childhood special education and early intervention services to all eligible preschool children and their families residing in the service area.

(3) Early childhood special education and early intervention services shall coordinate services with other services provided through the Oregon Early Learning System. The coordination of services shall be consistent with federal and state law.

(4) Preschool children with disabilities shall be considered residents of the service area where the children are currently living, including children living in public or private residential programs, hospitals and similar facilities.

(5) In addition to any other remedy or sanction that may be available, the Superintendent of Public Instruction may withhold funds and terminate the contract of any contractor that fails to comply with any provisions of the contract. [1991 c.749 §8; 1993 c.45 §232; 2001 c.831 §26; 2012 c.37 §89; 2013 c.728 §§10,11]

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.