Oregon Statutes 343.333 – No limitation on rights or remedies or on certain expedited hearings
(1) Nothing in ORS § 343.321 to 343.331 is intended to limit or operate as a prerequisite to pursuing any rights or remedies provided under other state or federal statutes or common law.
Terms Used In Oregon Statutes 343.333
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Decision: means the decision of the hearing officer. See Oregon Statutes 343.035
- 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
- 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
- Order: has the meaning given that term in ORS Chapter 183. 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) Nothing in ORS § 343.321 to 343.331 is intended to eliminate or limit the ability of a school district to request an expedited hearing as described in ORS § 343.165 (7)(b) because the school district believes that not making an abbreviated school day program placement is substantially likely to result in injury to the student or others. When an expedited hearing is conducted pursuant to ORS § 343.165 (7):
(a) Notwithstanding ORS § 343.167, a hearing officer’s finding that an abbreviated school day program placement is appropriate may not be valid for more than 45 days from the date the decision is entered;
(b) Notwithstanding ORS § 343.322, 343.324, 343.326 and 343.328, and if the school district is in compliance with the decision of the hearing officer:
(A) A parent or foster parent may not compel, and the Department of Education may not order, a school district to provide meaningful access to the same number of hours of instruction and educational services that are provided to the majority of other students who are in the same grade within the student’s resident school district; and
(B) The Department of Education may not find the school district is not in compliance with ORS § 343.322 (7) and 343.324 (5) and the Teacher Standards and Practices Commission may not take any action described in ORS § 343.328 (3); and
(c) The student’s individualized education program team shall immediately meet to review the student’s abbreviated school day program and to revise the student’s individualized education program or 504 Plan to make the documentation described in ORS § 343.324 (1)(d). [2023 c.290 § 7]
See note under 343.321.
[1957 c.556 § 3; repealed by 1963 c.570 § 33]
[Repealed by 1953 c.710 § 23]
[1957 c.556 6,9; repealed by 1963 c.570 § 33]
[Repealed by 1953 c.710 § 23]
[1983 c.731 § 4; 1989 c.491 § 41; repealed by 1991 c.749 § 6]
[1957 c.556 § 8; repealed by 1963 c.570 § 33]
[1983 c.731 § 5; 1989 c.941 § 42; repealed by 1991 c.749 § 6]
[Repealed by 1953 c.710 § 23]
[1983 c.731 § 6; 1987 c.238 § 1; 1991 c.749 § 22; 1993 c.749 § 17; renumbered 343.533 in 1993]
[1957 c.556 § 7; repealed by 1963 c.570 § 33]
[1983 c.731 § 7; renumbered 343.224 in 1993]
[Amended by 1955 c.333 § 1; renumbered 343.920]
[1957 c.556 4,5; repealed by 1963 c.570 § 33]
[Amended by 1955 c.333 § 2; renumbered 343.930]
[1957 c.556 § 10; repealed by 1963 c.570 § 33]
[Renumbered 343.940]
TALENTED AND GIFTED CHILDREN