ORS 343.331
Exemptions from applicability of abbreviated school day program requirements


ORS 343.322 (Legislative findings), 343.324 (Requirements for providing abbreviated school day program), 343.326 (Requirements for individualized education program team meetings) and 343.328 (Right to revoke consent) do not apply to any of the following:

(1)

Any abbreviated school days that are a component of discipline imposed in compliance with ORS 339.250 (Duty of student to comply with rules), 339.252 (Child with disability continues to be entitled to free appropriate public education if removed for disciplinary reasons) or 343.155 (Procedures to protect rights of child with disability) (5) or that are the result of a placement made as provided by ORS 343.177 (Educational placement during administrative or judicial proceedings).

(2)

A student’s exclusion from schools due to the student’s immunization status or due to the student’s exposure to a restrictable disease, as provided by ORS 433.235 (Definitions for ORS 433.235 to 433.284) to 433.284 (Adoption of more stringent immunization requirements).

(3)

The exclusion of a student from schools or the closure or restriction of access to schools due to actions taken under a public health emergency authorized under ORS 433.441 (Declaration of public health emergency) to 433.452 (Detaining persons exposed to reportable condition or condition that is basis for state of public health emergency).

(4)

A student who has fulfilled all state requirements for graduation with a high school diploma, as described in ORS 329.451 (High school diploma) (2), when the parent or foster parent has agreed to the abbreviated school day program.

(5)

A student enrolled in a program described in ORS 336.585 (Education for children enrolled in Juvenile Detention Education Program), 336.590 (Education for children enrolled in Youth Corrections Education Program), 339.129 (Education for children in local or regional correctional facilities required), 343.261 (Instruction of certain hospitalized children), 343.961 (Responsibility for costs of education of children in day and residential treatment programs) (1)(c)(A)(i) or 346.010 (Training and educational services for children who are deaf), if the student has meaningful access to the same number of hours of instruction and educational services as the majority of other students enrolled in the same program as the student.

(6)

A student whose parent or foster parent has notified an education service district that the student is being taught by a parent, legal guardian or private teacher under ORS 339.035 (Teaching by private teacher, parent or guardian).

(7)

A student who is excluded from, or limited access to, school due to a court order.

(8)

A high school student who is voluntarily enrolled in an alternative education program in compliance with ORS 336.635 (Enrollment in alternative education program), the Expanded Options Program under ORS 340.005 (Definitions for ORS 340.005 to 340.090) to 340.090 (Alternative programs) or an accelerated college credit program as defined in ORS 340.300 (School districts to provide accelerated college credit programs), when:

(a)

The majority of the students of the program are not students with disabilities;

(b)

The student is not restricted to attending fewer hours of instruction and educational services than the number of hours of instruction and educational services attended by the majority of students without disabilities who are in the same grade and who attend the same program; and

(c)

For an alternative education program in which the student is enrolled under ORS 336.635 (Enrollment in alternative education program), the school district informs the parent or foster parent, in writing and in a language and format accessible to the parent or foster parent, that upon written request of the parent or foster parent, the student will be immediately restored to a school that allows the student to access the same number of hours of instruction and educational services that are provided to the majority of other students who are in the same grade within the student’s resident school district. [2023 c.290 §6]
Note: See note under 343.321 (Definitions for ORS 343.321 to 343.331).

Source: Section 343.331 — Exemptions from applicability of abbreviated school day program requirements, https://www.­oregonlegislature.­gov/bills_laws/ors/ors343.­html.

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
343.068
Work conditions of school district employees assigned to work with students with specialized needs
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
343.164
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
343.186
Employee and volunteer reports and sharing of information
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
343.321
Definitions for ORS 343.321 to 343.331
343.322
Legislative findings
343.324
Requirements for providing abbreviated school day program
343.326
Requirements for individualized education program team meetings
343.328
Right to revoke consent
343.331
Exemptions from applicability of abbreviated school day program requirements
343.333
No limitation on rights or remedies or on certain expedited hearings
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
Providers under Oregon Prenatal to Kindergarten Program 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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