Oregon Statutes 343.193 – Duty to report child with disability not enrolled in special education program; effect of report
(1) Any public or private official having reasonable cause to believe that any child with whom the official comes in contact officially is a child with a disability who is eligible for but not enrolled in a special education program shall report to the Superintendent of Public Instruction the child’s name and the facts leading the official to the belief.
Terms Used In Oregon Statutes 343.193
- 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
- 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
- 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) Nothing in ORS § 40.225 to 40.295 shall affect the duty to report imposed by subsection (1) of this section except that a physician, licensed psychologist, member of the clergy or attorney shall not be required to report information communicated by an adult if such information is privileged under ORS § 40.225 to 40.295.
(3) Upon receipt of a report under subsection (1) of this section, the Superintendent of Public Instruction shall verify whether the child is enrolled in a special education program and may cause an investigation, including an evaluation under ORS § 343.146, to be made to determine whether the child is eligible for a program under ORS § 343.221.
(4) As used in this section, ‘public or private official’ has the meaning given in ORS § 419B.005. [1979 c.836 § 6; 1983 c.740 § 108; 1989 c.224 § 53; 1993 c.45 § 210; 1993 c.546 § 102; 1999 c.989 § 35; 2001 c.104 § 117; 2007 c.70 § 105]
[1991 c.795 § 16; 1993 c.45 § 212; repealed by 1999 c.989 § 36]
[Repealed by 1965 c.100 § 456]
[Repealed by 1955 c.721 § 1]
[1959 c.510 § 2 (343.211 to 343.291 and 343.990(2) enacted in lieu of 343.234 to 343.304 as compiled in 1957 Replacement Part); repealed by 1965 c.100 § 395 (343.212 enacted in lieu of 343.211)]
[1965 c.100 § 396 (enacted in lieu of 343.211); 1969 c.291 § 1; 1975 c.621 § 4; renumbered 343.035]
[1953 c.444 1,2; repealed by 1955 c.721 § 1]
[1953 c.444 3,4; repealed by 1955 c.721 § 1]
[Repealed by 1953 c.710 § 23]
(Administration)