2017 ORS 346.315¹
Blind and Visually Impaired Student Fund

(1) The Blind and Visually Impaired Student Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Blind and Visually Impaired Student Fund shall be credited to the Blind and Visually Impaired Student Fund.

(2) Moneys in the Blind and Visually Impaired Student Fund are continuously appropriated to the Department of Education for the purposes of:

(a) Assisting students who are blind or visually impaired in receiving appropriate resources and services, including educational services, in the communities where the students reside or in other settings identified in individualized education programs for students described in section 3 (1), chapter 562, Oregon Laws 2009;

(b) Supplementing funds available to regional programs authorized under ORS 343.236 (Special education provided by state through local, county or regional program) (1)(a)(A) and (C) to ensure access to the expanded core curriculum for students who are blind or visually impaired;

(c) Coordinating professional development of persons who provide educational services to students who are blind or visually impaired;

(d) Providing technical assistance for the purpose of providing educational services to students who are blind or visually impaired; and

(e) Coordinating activities for the benefit of students who are blind or visually impaired.

(3) When determining the manner in which to spend the moneys in the Blind and Visually Impaired Student Fund, the Department of Education shall:

(a) Give priority to services or resources used by students described in section 3 (1), chapter 562, Oregon Laws 2009; and

(b) Ensure that the moneys are used in addition to any other available moneys and do not supplant moneys available from any other source.

(4) Notwithstanding subsection (3)(b) of this section, a school district is not required to seek moneys from the High Cost Disabilities Account established by ORS 327.348 (High Cost Disabilities Account) prior to seeking moneys from the Blind and Visually Impaired Student Fund for costs associated with providing services to a student if:

(a) The student is a student described in section 3 (1), chapter 562, Oregon Laws 2009;

(b) The purpose of the moneys is to provide appropriate resources and services, including educational services, in a setting identified in the individualized education program for the student; and

(c) The total cost of the resources and services includes both medical and educational costs and exceeds $200,000 per fiscal year. [2009 c.562 §7; 2010 c.54 §5]

Note: The amendments to 346.315 (Blind and Visually Impaired Student Fund) by section 8, chapter 562, Oregon Laws 2009, become operative June 30, 2020. See section 9, chapter 562, Oregon Laws 2009. The text that is operative on and after June 30, 2020, is set forth for the user’s convenience.

346.315 (Blind and Visually Impaired Student Fund). (1) The Blind and Visually Impaired Student Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Blind and Visually Impaired Student Fund shall be credited to the Blind and Visually Impaired Student Fund.

(2) Moneys in the Blind and Visually Impaired Student Fund are continuously appropriated to the Department of Education for the purposes of:

(a) Assisting students who are blind or visually impaired in receiving appropriate resources and services, including educational services, in the communities where the students reside;

(b) Supplementing funds available to regional programs authorized under ORS 343.236 (Special education provided by state through local, county or regional program) (1)(a)(A) and (C) to ensure access to the expanded core curriculum for students who are blind or visually impaired;

(c) Coordinating professional development of persons who provide educational services to students who are blind or visually impaired;

(d) Providing technical assistance for the purpose of providing educational services to students who are blind or visually impaired; and

(e) Coordinating activities for the benefit of students who are blind or visually impaired.

(3) When determining the manner in which to spend the moneys in the Blind and Visually Impaired Student Fund, the Department of Education shall ensure that the moneys are used in addition to any other available moneys and do not supplant moneys available from any other source.

1 Legislative Counsel Committee, CHAPTER 346—Programs for Persons Who Are Blind or Deaf, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors346.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
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.