ORS 343.183
Effect of school district failure to comply

withholding funds
expense of independent evaluation

Text
Annotations 1

(1)

In addition to and not in lieu of any other sanction that may be imposed against a noncomplying school district, the Superintendent of Public Instruction may withhold all or any part of the funds otherwise due a district for special education until the district complies with the requirements of ORS 343.146 (Determination of eligibility for special education services) to 343.183 (Effect of school district failure to comply).

(2)

If the Superintendent of Public Instruction finds that the school district has refused to pay for the independent evaluation when the results thereof required the determination of the school district to be revised significantly, the superintendent may withhold from funds due the district for special education an amount not to exceed the expense incurred by the parent in obtaining the independent evaluation. The superintendent shall use the funds thus withheld for payment of the costs of the independent evaluation. [1979 c.423 §11 (enacted in lieu of 343.077); 1989 c.491 §37]

Source: Section 343.183 — Effect of school district failure to comply; withholding funds; expense of independent evaluation, https://www.oregonlegislature.gov/bills_laws/ors/ors343.html.

Notes of Decisions

This section does not give department authority to require district to pay money directly to aggrieved parent. Laughlin v. School Dist. No. 1, 69 Or App 63, 686 P2d 385 (1984)

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

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§ 343.183’s source at oregon.gov

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Location: https://oregon.public.law/statutes/ors_343.183

Original Source: Section 343.183 — Effect of school district failure to comply; withholding funds; expense of independent evaluation, https://www.oregonlegislature.gov/bills_laws/ors/ors343.html (last accessed Aug. 25, 2023).