Oregon Statutes 343.155 – Procedures to protect rights of child with disability; rules
The State Board of Education shall establish by rule procedures to protect the rights of every child with a disability who is eligible for special education and every child who there is a reasonable cause to believe has a disability, including:
Terms Used In Oregon Statutes 343.155
- 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
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Individualized education program: means a written statement of an educational program for a child with a disability that is developed, reviewed and revised in a meeting in accordance with criteria established by rules of the State Board of Education for each child eligible for special education and related services under this chapter. See Oregon Statutes 343.035
- Mediation: means a voluntary process in which an impartial mediator assists and facilitates two or more parties to a controversy in reaching a mutually acceptable resolution of the controversy and includes all contacts between a mediator and any party or agent of a party, until such time as a resolution is agreed to by the parties or the mediation process is terminated. 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
- 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
- Unaccompanied homeless youth: has the meaning given that term in the McKinney-Vento Homeless Assistance Act, 42 U. See Oregon Statutes 343.035
- Ward of the state: means a child who is temporarily or permanently in the custody of, or committed to, a public or private agency through the action of the juvenile court. See Oregon Statutes 343.035
(1) Rules providing for the participation of the parents of a child with a disability in meetings regarding the child’s identification, evaluation, individualized education program, educational placement and the provision of a free appropriate public education to the child.
(2) Rules governing the procedures for the appointment of a surrogate for the parent and other rules necessary to protect the special educational rights of the child, which shall include, but need not be limited to, rules applicable whenever:
(a) No parent of the child can be identified or located after reasonable efforts;
(b) There is reasonable cause to believe that the child has a disability and is a ward of the state;
(c) The child is an unaccompanied homeless youth;
(d) The child reaches the age of majority and has been determined not to have the ability to give informed consent regarding the child’s education; or
(e) The parent, guardian or former guardian of the child is disqualified from being appointed as a surrogate under ORS § 343.156.
(3) Rules prescribing mediation procedures, resolution sessions and hearings procedures if identification, evaluation, individualized education program or placement is contested.
(4) Rules prescribing when notice of procedural safeguards must be given to the parents or the child with a disability who has reached the age of majority, the content of the notice and the language of the notice.
(5) Rules prescribing standards and procedures for disciplinary actions for behavior or misconduct of a child with a disability.
(6) Other procedural safeguards as required by law. [1979 c.423 § 3 (enacted in lieu of 343.077); 1989 c.491 § 34; 1991 c.795 § 3; 1999 c.989 § 10; 2005 c.662 § 4; 2007 c.70 § 103; 2011 c.194 § 7; 2013 c.1 § 41]