Oregon Statutes 343.041 – Supervision of programs for children with disabilities by Superintendent of Public Instruction; rules; complaint procedure; staff training; public agency cooperative agreements
(1) Pursuant to rules of the State Board of Education, the Superintendent of Public Instruction shall be responsible for the general supervision of all special education programs for children with disabilities, early childhood special education and early intervention services for preschool children with disabilities within the state, including all such programs administered by any state agency or common or union high school district or education service district.
Terms Used In Oregon Statutes 343.041
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- 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. See Oregon Statutes 343.035
- 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. See Oregon Statutes 343.035
- 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. See Oregon Statutes 343.035
- 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. See Oregon Statutes 343.035
- 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. See Oregon Statutes 343.035
- 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. See Oregon Statutes 343.035
- Statute: A law passed by a legislature.
(2) All special education programs for children with disabilities, early childhood special education and early intervention services for preschool children with disabilities within this state shall meet the standards and criteria established therefor by the State Board of Education.
(3) The State Board of Education shall adopt by rule procedures whereby the superintendent investigates and resolves complaints that the Department of Education, a local education agency or an early intervention or early childhood special education contractor has violated a federal law or statute that applies to a special education or early childhood special education program. Complaint procedures must comply with the provisions of ORS § 343.165.
(4) The State Board of Education shall adopt rules relating to the establishment and maintenance of standards to ensure that personnel providing special education and early childhood special education and early intervention services are appropriately and adequately trained.
(5) The Governor shall direct that agencies affected by this section enter into cooperative agreements to achieve necessary uniformity in meeting the standards and criteria established by the state board under subsection (2) of this section.
(6) The Governor shall direct that each public agency obligated under federal or state law to provide or pay for any services that are also considered special education or related services necessary for ensuring a free appropriate public education to children with disabilities, including but not limited to the Department of Human Services, enter into cooperative agreements with the Department of Education concerning:
(a) Allocation among agencies of financial responsibility for providing services;
(b) Conditions, terms and procedures for reimbursement; and
(c) Policies and procedures for coordinating timely and appropriate delivery of services.
(7) All cooperative agreements entered into under subsections (5) and (6) of this section shall include procedures for resolving interagency disputes. [1977 c.528 § 3; 1989 c.491 § 30; 1991 c.749 § 2; 1999 c.989 § 6; 2005 c.22 § 237; 2023 c.189 § 7]