Special Education and Other Specialized Education Services

ORS 343.941
Department duties for education of students admitted to pediatric nursing facilities


As used in this section, “pediatric nursing facility” means a skilled nursing facility, as defined in ORS 442.015 (Definitions), that:


Is licensed by the Department of Human Services; and


Serves pediatric residents, of which 50 percent or more were admitted when 13 years of age or younger and of which 100 percent are 22 years of age or younger.


(a) The Department of Education shall be responsible for the provision of educational services to students admitted to pediatric nursing facilities. Educational services must be provided in the least restrictive environment in which the student can be educated.


The department and the school district in which a pediatric nursing facility is located shall enter into a contract for the purpose of providing educational services to the students admitted to the pediatric nursing facility.


(a) The department shall be responsible for payment of the costs of educational services provided to students admitted to pediatric nursing facilities, including any services required under an individualized education program.


The department shall make payments as required by this subsection from moneys available for that purpose in the Pediatric Nursing Facility Account established in ORS 327.022 (Pediatric Nursing Facility Account). Except as provided by ORS 327.023 (Grants for special and compensatory education programs), the department may not make payments from any other moneys in the State School Fund.


(a) A student admitted to a pediatric nursing facility is not considered a resident of any school district.


When a student is discharged from a pediatric nursing facility, the responsibilities imposed by this section terminate and become the responsibilities of the school district in which the student is a resident, as determined pursuant to ORS 339.133 (Determination of residency of student for school purposes) and 339.134 (Residency of child voluntarily placed outside child’s home and living in substitute care program). [2014 c.81 §2]
Chapter 343

Notes of Decisions

As handicapped children are entitled under this chapter to receive special education and related services free of charge, where private residential placement for handicapped child has been found necessary, tuition expense must be borne by school district, and this obligation is not limited to school year. Mahoney v. Adm. Sch. Dist. No. 1, 42 Or App 665, 601 P2d 826 (1979)


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Jun. 26, 2021