Oregon Statutes 343.961 – Responsibility for costs of education of children in day and residential treatment programs; responsibilities of district providing education; notice required before student dismissed from program
(1) As used in this section:
Terms Used In Oregon Statutes 343.961
- 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
- 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
- Related services: means transportation and such developmental, corrective and other supportive services as are required to assist a child with a disability to benefit from special education, including:
(A) Speech-language and audiology services;
(B) Interpreting services;
(C) Psychological services;
(D) Physical and occupational therapy;
(E) Recreation, including therapeutic recreation;
(F) Social work services;
(G) School nurse services designed to enable a child with a disability to receive a free appropriate public education as described in the individualized education program of the child;
(H) Early identification and assessment of disabilities in children;
(I) Counseling services, including rehabilitation counseling;
(J) Orientation and mobility services;
(K) Medical services for diagnostic or evaluation purposes;
(L) Parent counseling and training; and
(M) Assistive technology. 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
- 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
(a) ‘Day treatment program’ means a public or private program that provides treatment of children with a mental illness, an emotional disturbance or another mental health issue.
(b) ‘Eligible day treatment program’ means a day treatment program with which the Oregon Health Authority contracts for long term care or treatment. ‘Eligible day treatment program’ does not include residential treatment programs or programs that provide care or treatment to juveniles who are in detention facilities.
(c)(A) ‘Eligible residential treatment program’ means:
(i) A residential treatment program with which the Oregon Health Authority, the Department of Human Services or the Oregon Youth Authority contracts for long term care or treatment.
(ii) A residential program that provides disability-related supports under a license issued by the Department of Human Services under ORS § 443.410 and that:
(I) Was licensed by the Department of Human Services on July 1, 2021, and maintains that license as a valid license; and
(II) Has students being provided education by a school district that received moneys under this section for the 2020-2021 school year and that has an average daily membership, as defined in ORS § 327.006, of 15,000 or less.
(B) ‘Eligible residential treatment program’ does not include psychiatric day treatment programs or programs that provide care or treatment to juveniles who are in detention facilities.
(d) ‘Residential treatment program’ means a public or private residential program that provides treatment of children with a mental illness, an emotional disturbance or another mental health issue.
(e) ‘Student’ means a child who is placed in an eligible day treatment program or eligible residential treatment program by a public or private entity or by the child’s parent.
(2) The Department of Education shall provide moneys for payment of the costs of education of students in eligible day treatment programs and eligible residential treatment programs as provided by ORS § 327.023. Payment shall be made to the school district in which the eligible day treatment program or eligible residential treatment program is located. The costs of education do not include transportation, care, treatment or medical expenses.
(3)(a) The school district in which an eligible day treatment program or eligible residential treatment program is located is responsible for providing the education of a student, including the identification, location and evaluation of the student for the purpose of determining the student’s eligibility to receive special education and related services.
(b) A school district that is responsible for providing an education under this subsection may provide the education:
(A) Directly or through another school district or an education service district; and
(B) In the facilities of an eligible day treatment program, an eligible residential treatment program, a school district or an education service district, except that an eligible residential treatment program described in subsection (1)(c)(A)(ii) of this section may not provide education in the facilities of the program.
(c) When a student is no longer in an eligible day treatment program or eligible residential treatment program, the responsibilities imposed by this subsection terminate and become the responsibilities of the school district where the student is a resident, as determined under ORS § 339.133 and 339.134.
(4) The school district where the student is a resident is responsible for providing transportation to a student enrolled in an eligible day treatment program. Transportation must be provided by the school district where the student is a resident each day the student is scheduled to receive services from the eligible day treatment program.
(5) A school district may request the Department of Education to directly make payments to another school district or an education service district for eligible day treatment programs or eligible residential treatment programs when education is provided by the other school district or the education service district. Payments made under this subsection do not affect any responsibilities described in subsection (3) of this section for the school district that made the request.
(6) The Oregon Health Authority, the Department of Human Services or the Oregon Youth Authority shall give the school district providing the education at an eligible day treatment program or an eligible residential treatment program 14 days’ notice, to the extent practicable, before a student is dismissed from the program.
(7) The Department of Education may make advances to school districts responsible for providing an education to students under this section from funds appropriated for that purpose based on the estimated agreed cost of educating the students per school year. Advances equal to 25 percent of the estimated cost may be made on September 1, December 1 and March 1 of the current year. The balance may be paid whenever the full determination of cost is made.
(8) School districts that provide the education described in this section on a year-round plan may apply for 25 percent of the funds appropriated for that purpose on July 1, October 1, January 1, and 15 percent on April 1. The balance may be paid whenever the full determination of cost is made.
(9) In addition to the payment methods described in this section, the Department of Education may negotiate intergovernmental agreements to pay for the cost of education in day treatment programs and residential treatment programs operated under the auspices of the governing board of a public university listed in ORS § 352.002 or the Oregon Health and Science University Board of Directors. [1985 c.555 § 19a; enacted in lieu of 343.960 and 343.965; 1987 c.223 § 1; 1989 c.1011 § 1; 1991 c.780 § 26; 1991 c.795 § 13; 1993 c.749 § 20; 1997 c.521 § 26; 2009 c.595 § 217; 2011 c.701 1,7; 2013 c.735 § 21; 2013 c.768 § 136; 2015 c.282 § 1; 2015 c.767 § 111; 2021 c.304 § 1]
[1973 c.708 § 2; 1975 c.50 § 1; 1981 c.916 § 2; repealed by 1985 c.555 § 19 (343.961 enacted in lieu of 343.960 and 343.965)]
[1975 c.590 § 2; 1989 c.491 § 46; 1989 c.875 § 3; 1993 c.45 § 242; repealed by 2001 c.900 § 261]
[1975 c.590 § 3; 1989 c.491 § 47; repealed by 1997 c.821 § 29]
[Amended by 1953 c.110 § 1; subsection (2) of 1963 Replacement Part enacted as 1959 c.510 § 19; repealed by 1965 c.100 § 456]