ORS 343.221
Special education required

  • district projected activities and cost statement
  • permitted contracts for services
In order to provide special education for children with disabilities, the district school board of any school district in which there are school-age children who require special education:

(1)

Shall submit an annual projected activities and cost statement to the Superintendent of Public Instruction for a program of special education for the district’s children with disabilities. The proposed district program shall include provisions for providing special education and related services and be designed to meet the unique needs of all resident children with disabilities.

(2)

Shall provide special education for such children consistent with the projected activities and cost statement.

(3)

May, when the board considers a contract to be economically feasible and in the interests of the learning opportunities of eligible children, contract for special education for such children with another school district if the district school boards jointly agree to provide special education.

(4)

May, when the board considers a contract to be economically feasible and in the interests of the learning opportunities of eligible children, contract for special education for such children with an education service district if:

(a)

The contract is consistent with the local service plan of the education service district developed pursuant to ORS 334.175 (Core services) and the school districts within the education service district approve the contract by a resolution adopted in the manner provided in ORS 334.175 (Core services).

(b)

The school district contracts with an education service district pursuant to ORS 334.185 (Entrepreneurial services and facilities).

(5)

May contract with private agencies or organizations approved by the State Board of Education for special education.

(6)

May use the services of public agencies, including community mental health programs and community developmental disabilities programs, which provide diagnostic, evaluation and other related services for children.

(7)

May contract for the provision of related services by a person in private practice if that person is registered, certified or licensed by the State of Oregon as qualified to provide a particular related service that requires registration, certification or licensing by the state. [1959 c.510 §4 (343.211 to 343.291 and 343.990(2) enacted in lieu of 343.234 to 343.304 as compiled in 1957 Replacement Part); 1963 c.403 §1; 1965 c.100 §399; 1975 c.621 §6; 1977 c.529 §1; 1981 c.393 §2; 1983 c.731 §2; 2005 c.828 §6; 2009 c.595 §215]

Source: Section 343.221 — Special education required; district projected activities and cost statement; permitted contracts for services, https://www.­oregonlegislature.­gov/bills_laws/ors/ors343.­html.

Notes of Decisions

This statute does not require a district to provide educational services for handicapped children under regular school age, although a district may choose to do and seek approval of its programs and partial reimbursement of costs from Superintendent. Stewart v. Salem School Dist 24J, 65 Or App 188, 670 P2d 1048 (1983)

Attorney General Opinions

Education for children in child-care agency, (1975) Vol 37, p 611

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

Current through early 2024

§ 343.221’s source at oregon​.gov