Oregon Statutes 343.167 – Result of hearing; effect of procedural violations; deadline for decision; cost of hearing; rules
(1) If the finding at the hearing held under ORS § 343.165 is that the identification, evaluation and educational placement by the district are appropriate and that the child is being provided a free appropriate public education, the hearing officer shall decide in support of the determination of the district.
Terms Used In Oregon Statutes 343.167
- Decision: means the decision of the hearing officer. See Oregon Statutes 343.035
- Determination: means the determination by the school district concerning the identification, evaluation or educational placement of a child with a disability or the provision of a free appropriate public education to the child in a program paid for by the district. 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
- Parent: means the parent, person acting as a parent or a legal guardian, other than a state agency, of the child or the surrogate parent. 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
(2) If the finding at the hearing is that the identification, evaluation or educational placement is not appropriate or that the child is not being provided a free appropriate public education, the hearing officer shall grant appropriate relief within the hearing officer’s scope of authority.
(3) In matters alleging a procedural violation, a hearing officer may find that a child did not receive a free appropriate public education only if the procedural inadequacies:
(a) Impeded the child’s right to a free appropriate public education;
(b) Significantly impeded the parents’ opportunity to participate in the decision-making process regarding the provision of a free appropriate public education to the child; or
(c) Caused a deprivation of educational benefits.
(4) Nothing in subsection (3) of this section shall be construed to preclude a hearing officer from ordering a school district to comply with procedural requirements.
(5) The decision shall be entered not later than 45 days after the request for hearing is filed unless an extension has been granted by the hearing officer at the request of the parent or the school district. Copies of the decision shall be sent to the parent and to the school district accompanied by a statement describing the method of appealing the decision.
(6) In expedited hearings conducted pursuant to ORS § 343.165 (7), the State Board of Education shall adopt rules that require a hearing within 20 school days of the date the hearing is requested and a determination within 10 school days after the hearing.
(7) Pursuant to rules of the State Board of Education, the Superintendent of Public Instruction shall bill the school district for all reasonable costs connected with the appointment of an independent hearing officer and the conduct of a due process hearing. The district shall make payment to the Department of Education for the cost of the hearing within 30 days of receipt of the billing. [1979 c.423 § 7 (enacted in lieu of 343.077); 1989 c.252 § 2; 1991 c.795 § 6; 1993 c.749 § 9; 1999 c.989 § 17; 2001 c.483 § 2; 2005 c.662 § 6; 2023 c.189 § 8]
[Repealed by 1965 c.100 § 456]