Oregon Statutes 343.146 – Determination of eligibility for special education services; evaluation; reevaluation; examinations and assessments
(1) To receive special education, children with disabilities shall be determined eligible for special education services under a school district program approved under ORS § 343.045 and as provided under ORS § 343.221.
Terms Used In Oregon Statutes 343.146
- Child with a disability: means a school-age child who is entitled to a free appropriate public education as specified by ORS § 339. See Oregon Statutes 343.035
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- 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
(2) Before initially providing special education, the school district shall ensure that a full and individual evaluation is conducted to determine the child’s eligibility for special education and the child’s special educational needs.
(3) Eligibility for special education shall be determined pursuant to rules adopted by the State Board of Education.
(4) Each school district shall conduct a reevaluation of each child with a disability in accordance with rules adopted by the State Board of Education.
(5) If a medical examination is required as part of an initial evaluation or reevaluation, the examination must be given by:
(a) A physician licensed under ORS Chapter 677 or by the appropriate authority in another state;
(b) A naturopathic physician licensed under ORS Chapter 685 or by the appropriate authority in another state;
(c) A nurse practitioner licensed under ORS § 678.375 to 678.390 or by the appropriate authority in another state; or
(d) A physician assistant licensed under ORS § 677.505 to 677.525 or by the appropriate authority in another state.
(6) If a vision examination is required as part of an initial evaluation or reevaluation, the examination must be given by:
(a) A person licensed to practice optometry under ORS Chapter 683 or by the appropriate authority in another state; or
(b) A physician who specializes in ophthalmology and who is licensed under ORS Chapter 677 or by the appropriate authority in another state.
(7) If an audiological assessment is required as part of an initial evaluation or reevaluation, the assessment must be given by an audiologist licensed under ORS Chapter 681 or by the appropriate authority in another state.
(8) The information obtained in an examination or assessment performed under subsection (5), (6) or (7) of this section must be reported by the practitioner who performed the examination or assessment to the school district in which the child is or will be enrolled. [1999 c.989 § 12; 2005 c.662 § 2; 2007 c.86 § 4; 2017 c.356 § 30; 2019 c.171 § 1]