ORS 343.035
Definitions for chapter


As used in this chapter unless the context requires otherwise:

(1)

“Child with a disability” means a school-age child who is entitled to a free appropriate public education as specified by ORS 339.115 (Admission of students) and who requires special education because the child has been evaluated as having one of the following conditions as defined by rules established by the State Board of Education:

(a)

Intellectual disability;

(b)

Deafness or being hard of hearing;

(c)

Speech or language impairment;

(d)

Visual impairment, including blindness;

(e)

Deafblindness;

(f)

Emotional behavior disability;

(g)

Orthopedic impairment;

(h)

Other health impairment;

(i)

Autism spectrum disorder;

(j)

Traumatic brain injury;

(k)

Specific learning disabilities; or

(L)

Developmental delay, if the child is three through nine years of age.

(2)

“Decision” means the decision of the hearing officer.

(3)

“Determination” means the determination by the school district concerning the identification, evaluation or educational placement of a child with a disability or the provision of a free appropriate public education to the child in a program paid for by the district.

(4)

“Developmental delay” means:

(a)

Delay, at a level of functioning and in accordance with criteria established by rules of the State Board of Education, in one or more of the following developmental areas:

(A)

Cognitive development;

(B)

Physical development, including vision and hearing;

(C)

Communication development;

(D)

Social or emotional development; or

(E)

Adaptive development; or

(b)

A disability, in accordance with criteria established by rules of the State Board of Education, that can be expected to continue indefinitely and is likely to cause a substantial delay in a child’s development and ability to function independently in society.

(5)

“Early childhood special education” means instruction that is:

(a)

Free, appropriate and specially designed to meet the unique needs of a preschool child with a disability;

(b)

Provided from three years of age until the age of eligibility for kindergarten; and

(c)

Provided in any of the following settings:

(A)

The home, a hospital, an institution, a special school, a classroom or a community child care setting;

(B)

A preschool; or

(C)

A combination of a setting described in subparagraph (A) of this paragraph and a preschool.

(6)

“Early intervention services” means services for preschool children with disabilities from birth until three years of age that are:

(a)

Designed to meet the developmental needs of children with disabilities and the needs of the family related to enhancing the child’s development;

(b)

Selected in collaboration with the parents; and

(c)

Provided:

(A)

Under public supervision;

(B)

By personnel qualified in accordance with criteria established by rules of the State Board of Education; and

(C)

In conformity with an individualized family service plan.

(7)

“Individualized education program” means a written statement of an educational program for a child with a disability that is developed, reviewed and revised in a meeting in accordance with criteria established by rules of the State Board of Education for each child eligible for special education and related services under this chapter.

(8)

“Individualized family service plan” means a written plan of early childhood special education, related services, early intervention services and other services developed in accordance with criteria established by rules of the State Board of Education for each child eligible for services under this chapter.

(9)

“Instruction” means providing children and families with information and skills that support the achievement of the goals and outcomes in the child’s individualized family service plan and working with preschool children with disabilities in one or more of the following developmental areas:

(a)

Communication development;

(b)

Social or emotional development;

(c)

Physical development, including vision and hearing;

(d)

Adaptive development; and

(e)

Cognitive development.

(10)

“Mediation” means a voluntary process in which an impartial mediator assists and facilitates two or more parties to a controversy in reaching a mutually acceptable resolution of the controversy and includes all contacts between a mediator and any party or agent of a party, until such time as a resolution is agreed to by the parties or the mediation process is terminated.

(11)

“Order” has the meaning given that term in ORS chapter 183.

(12)

“Other services” means those services that may be provided to preschool children with disabilities and to their families that are not early childhood special education or early intervention services and are not paid for with early childhood special education or early intervention funds.

(13)

“Parent” means the parent, person acting as a parent or a legal guardian, other than a state agency, of the child or the surrogate parent. “Parent” may be further defined by rules adopted by the State Board of Education.

(14)

“Preschool child with a disability” means a child from:

(a)

Birth until three years of age who is eligible for early intervention services because the child is experiencing developmental delay or has a diagnosed mental or physical condition that will result in developmental delay; or

(b)

Three years of age to eligibility for entry into kindergarten who needs early childhood special education services because the child has been evaluated as having one of the conditions listed under subsection (1) of this section.

(15)

Intentionally left blank —Ed.

(a)

“Related services” means transportation and such developmental, corrective and other supportive services as are required to assist a child with a disability to benefit from special education, including:

(A)

Speech-language and audiology services;

(B)

Interpreting services;

(C)

Psychological services;

(D)

Physical and occupational therapy;

(E)

Recreation, including therapeutic recreation;

(F)

Social work services;

(G)

School nurse services designed to enable a child with a disability to receive a free appropriate public education as described in the individualized education program of the child;

(H)

Early identification and assessment of disabilities in children;

(I)

Counseling services, including rehabilitation counseling;

(J)

Orientation and mobility services;

(K)

Medical services for diagnostic or evaluation purposes;

(L)

Parent counseling and training; and

(M)

Assistive technology.

(b)

“Related services” does not include a medical device that is surgically implanted or the replacement of a medical device that is surgically implanted.

(16)

“School district” means a common or union high school district that is charged with the duty or contracted with by a public agency to educate children eligible for special education.

(17)

“Service coordination” means the activities carried out by a service coordinator to assist and enable a preschool child with a disability and the child’s family to receive the rights, procedural safeguards and services that are authorized under the state’s early intervention and early childhood special education programs and to coordinate access to other services designated on the individualized family service plan.

(18)

“Special education” means specially designed instruction that is provided at no cost to parents to meet the unique needs of a child with a disability. “Special education” includes instruction that:

(a)

May be conducted in the classroom, the home, a hospital, an institution, a special school or another setting; and

(b)

May involve physical education services, speech-language services, transition services or other related services designated by rule to be services to meet the unique needs of a child with a disability.

(19)

“Transition services” means a coordinated set of activities for a child with a disability that:

(a)

Is designed to be within a results-oriented process;

(b)

Is focused on improving the academic and functional achievement of the child to facilitate the child’s transition from school to post-school activities, including post-secondary education, competitive employment, independent living and community inclusion;

(c)

Is based on the individual child’s needs, taking into account the child’s preferences and interests; and

(d)

May be special education, or related services, and may include earning credit at a community college or public university listed in ORS 352.002 (Public universities).

(20)

“Unaccompanied homeless youth” has the meaning given that term in the McKinney-Vento Homeless Assistance Act, 42 U.S.C. 11434a(6).

(21)

“Ward of the state” means a child who is temporarily or permanently in the custody of, or committed to, a public or private agency through the action of the juvenile court. “Ward of the state” may be further defined by rules adopted by the State Board of Education. [Formerly 343.212; 1977 c.528 §1; 1983 c.731 §1; 1991 c.749 §§1,1a; 1991 c.795 §1; 1993 c.409 §1; 1993 c.749 §3; 1995 c.280 §29; 1997 c.821 §25; 1999 c.989 §5; 2001 c.900 §242; 2005 c.662 §1; 2007 c.70 §102; 2009 c.255 §1; 2011 c.544 §1; 2013 c.725 §1; 2018 c.25 §1; 2019 c.310 §§1,2]

Source: Section 343.035 — Definitions for chapter, https://www.­oregonlegislature.­gov/bills_laws/ors/ors343.­html.

Notes of Decisions

This statute defines “handicapped children” as children “under 21 years of age” so that discretionary programs for handicapped children under regular school age would be eligible for reimbursement; it does not mandate programs for handicapped children under regular school age. Stewart v. Salem School Dist 24J, 65 Or App 188, 670 P2d 1048 (1983)

343.035
Definitions for chapter
343.041
Supervision of programs for children with disabilities by Superintendent of Public Instruction
343.045
Criteria for development and operation of special programs
343.055
Administration of programs by Superintendent of Public Instruction
343.065
Employment of personnel to supervise types of services for special programs
343.085
Tuition prohibited
343.146
Determination of eligibility for special education services
343.148
Requirements for individualized family service plans and individualized education programs for children who are deaf or deafblind or who are hard of hearing
343.151
Individualized education program
343.152
Terminology in individualized education program for child with an intellectual disability
343.154
Functional behavioral assessments and behavior intervention plans
343.155
Procedures to protect rights of child with disability
343.156
Limitations on appointment of surrogate to protect educational rights of a child with a disability
343.157
Duty of school districts to identify, locate and evaluate resident children who may have disabilities
343.159
Requirements for written notice to parents of child with disability
343.161
Abbreviated school day programs
343.164
Parental consent requirements for evaluation, reevaluation or placement
343.165
Circumstances requiring hearing
343.167
Result of hearing
343.173
Parental right to examine district records
343.175
Civil action following hearing
343.177
Educational placement during administrative or judicial proceedings
343.181
Transfer of special education rights to child with disability upon age of majority
343.183
Effect of school district failure to comply
343.193
Duty to report child with disability not enrolled in special education program
343.221
Special education required
343.223
Assistive technology devices or services
343.224
School district liability for expense of noneducational care
343.236
Special education provided by state through local, county or regional program
343.243
Receipt of amount from State School Fund for children enrolled in certain programs
343.247
Special Education Account
343.261
Instruction of certain hospitalized children
343.285
Use of state funds to match federal funds
343.287
State Advisory Council for Special Education
343.293
Local advisory councils on special education
343.295
Document of successful completion
343.391
Purpose of ORS 343.391 to 343.413
343.395
Definitions for ORS 343.391 to 343.413
343.396
Nature of programs
343.397
Plan of instruction for talented and gifted children
343.399
State aid to local districts
343.401
Use of funds appropriated for ORS 343.391 to 343.413
343.404
Funding for program
343.407
Identification of talented and gifted students
343.409
Talented and gifted programs required
343.411
When identification and programs for certain children required or optional
343.413
Short title
343.455
Prekindergartens to provide early childhood special education
343.465
Policy on services to preschool children with disabilities
343.475
Program of early childhood special education and early intervention services
343.485
Confidentiality of records
343.495
Operation of early childhood special education or early intervention programs by department
343.499
State Interagency Coordinating Council
343.507
Local early intervention interagency advisory council
343.511
Interagency agreements to provide services
343.513
Eligibility criteria
343.517
Parent-initiated referral to determine eligibility
343.521
Individualized family service plan
343.523
Service coordination requirements for early intervention and early childhood special education
343.527
Requirements for written notice to parents of preschool child with disability
343.531
Procedural safeguards
343.533
Transportation service to preschool children with disabilities
343.534
Allocation of state funds to approved providers
343.565
Definitions for ORS 343.565 to 343.595
343.575
Proficiency in reading and writing for blind student
343.585
Instruction in Braille
343.595
Requirement that textbook publishers supply material in format from which Braille version can be produced
343.600
State policy encouraging use of Braille
343.650
Definitions for ORS 343.650 to 343.680
343.660
Facilities and services for disadvantaged children
343.670
Advance payment to districts
343.680
Advance payments and reimbursements to districts of at least 40,000 for operation and construction costs
343.810
Definitions for ORS 343.810 to 343.835
343.830
Summer programs for migrant children
343.835
Reimbursement
343.923
Department duties for programs for students with moderate to severe intellectual disabilities
343.941
Department duties for education of students admitted to pediatric nursing facilities
343.961
Responsibility for costs of education of children in day and residential treatment programs
Green check means up to date. Up to date