Terms Used In Oregon Statutes > Chapter 343 - Special Education and Other Specialized Education Services

• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Appraisal: A determination of property value.
• Board: means the Construction Contractors Board. See Oregon Statutes 701.005
• Business: means any corporation, partnership, proprietorship, firm, enterprise, franchise, association, organization, self-employed individual and any other legal entity operated for economic gain but excluding any income-producing not-for-profit corporation that is tax exempt under section 501(c) of the Internal Revenue Code with which a public official or a relative of the public official is associated only as a member or board director or in a nonremunerative capacity. See Oregon Statutes 244.020
• Candidate: means an individual for whom a declaration of candidacy, nominating petition or certificate of nomination to public office has been filed or whose name is printed on a ballot or is expected to be or has been presented, with the individual's consent, for nomination or election to public office. See Oregon Statutes 244.020
• 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
• Contractor: means any of the following:

  (a) A person that, for compensation or with the intent to sell, arranges or undertakes or offers to undertake or submits a bid to construct, alter, repair, add to, subtract from, improve, inspect, move, wreck or demolish, for another, a building, highway, road, railroad, excavation or other structure, project, development or improvement attached to real estate, or to do any part thereof. See Oregon Statutes 701.005

• County court: includes board of county commissioners. See Oregon Statutes 174.100
• Decision: means the decision of the hearing officer. See Oregon Statutes 343.035
• 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
• Development commission: means any entity that has the authority to purchase, develop, improve or lease land or the authority to operate or direct the use of land. See Oregon Statutes 244.020
• district: means a cemetery maintenance district organized under this chapter. See Oregon Statutes 265.005
• Early childhood special education: means instruction that is:

  (a) Free, appropriate and specially designed to meet the unique needs of a preschool child with a disability;

  (b) Provided from three years of age until the age of eligibility for kindergarten; and

  (c) Provided in any of the following settings:

  (A) The home, a hospital, an institution, a special school, a classroom or a community child care setting;

  (B) A preschool; or

  (C) A combination of a setting described in subparagraph (A) of this paragraph and a preschool. See Oregon Statutes 343.035

• Early intervention services: means services for preschool children with disabilities from birth until three years of age that are:

  (a) Designed to meet the developmental needs of children with disabilities and the needs of the family related to enhancing the child's development;

  (b) Selected in collaboration with the parents; and

  (c) Provided:

  (A) Under public supervision;

  (B) By personnel qualified in accordance with criteria established by rules of the State Board of Education; and

  (C) In conformity with an individualized family service plan. See Oregon Statutes 343.035

• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• First Partner: means the spouse or domestic partner of the Governor, or an individual who primarily has a personal relationship with the Governor as determined by the Oregon Government Ethics Commission by rule. See Oregon Statutes 244.020
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• General contractor: means a contractor whose business operations require the use of more than two unrelated building trades or crafts that the contractor supervises or performs in whole or part, whenever the sum of all contracts on any single property, including materials and labor, exceeds an amount established by rule by the board. See Oregon Statutes 701.005
• Gift: means something of economic value given to a public official, a candidate or a relative or member of the household of the public official or candidate:

  (A) Without valuable consideration of equivalent value, including the full or partial forgiveness of indebtedness, which is not extended to others who are not public officials or candidates or the relatives or members of the household of public officials or candidates on the same terms and conditions; or

  (B) For valuable consideration less than that required from others who are not public officials or candidates. See Oregon Statutes 244.020

• Honorarium: means a payment or something of economic value given to a public official in exchange for services upon which custom or propriety prevents the setting of a price. See Oregon Statutes 244.020
• Income: means income of any nature derived from any source, including, but not limited to, any salary, wage, advance, payment, dividend, interest, rent, honorarium, return of capital, forgiveness of indebtedness, or anything of economic value. See Oregon Statutes 244.020
• 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
• Individualized family service plan: means a written plan of early childhood special education, related services, early intervention services and other services developed in accordance with criteria established by rules of the State Board of Education for each child eligible for 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

• Legislative or administrative interest: means an economic interest, distinct from that of the general public, in:

  (a) Any matter subject to the decision or vote of the public official acting in the public official's capacity as a public official; or

  (b) Any matter that would be subject to the decision or vote of the candidate who, if elected, would be acting in the capacity of a public official. See Oregon Statutes 244.020

• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• 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
• Member of the household: means any person who resides with the public official or candidate. See Oregon Statutes 244.020
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Order: has the meaning given that term in ORS Chapter 183. See Oregon Statutes 343.035
• Other services: means those services that may be provided to preschool children with disabilities and to their families that are not early childhood special education or early intervention services and are not paid for with early childhood special education or early intervention funds. 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
• person with a disability: means any person who:

  (a) Has a physical or mental impairment which substantially limits one or more major life activities;

  (b) Has a record of such an impairment; or

  (c) Is regarded as having such an impairment. See Oregon Statutes 174.107

• Planning commission: means a county planning commission created under ORS Chapter 215 or a city planning commission created under ORS Chapter 227. See Oregon Statutes 244.020
• Preschool child with a disability: means a child from:

  (a) Birth until three years of age who is eligible for early intervention services because the child is experiencing developmental delay or has a diagnosed mental or physical condition that will result in developmental delay; or

  (b) Three years of age to eligibility for entry into kindergarten who needs early childhood special education services because the child has been evaluated as having one of the conditions listed under subsection (1) of this section. See Oregon Statutes 343.035

• Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Public office: has the meaning given that term in ORS § 260. See Oregon Statutes 244.020
• Public official: means the First Partner and any person who, when an alleged violation of this chapter occurs, is serving the State of Oregon or any of its political subdivisions or any other public body as defined in ORS § 174. See Oregon Statutes 244.020
• Recess: A temporary interruption of the legislative business.
• 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

• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Responsible managing individual: means an individual who:

  (a) Is an owner described in ORS § 701. See Oregon Statutes 701.005

• Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
• 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

• special government body: means any of the following:

  (a) A public corporation created under a statute of this state and specifically designated as a public corporation. See Oregon Statutes 174.117

• Specialty contractor: includes a person who performs work regulated under ORS § 446. See Oregon Statutes 701.005
• Statement of economic interest: means a statement as described by ORS § 244. See Oregon Statutes 244.020
• Transition services: means a coordinated set of activities for a child with a disability that:

  (a) Is designed to be within a results-oriented process;

  (b) Is focused on improving the academic and functional achievement of the child to facilitate the child's transition from school to post-school activities, including post-secondary education, competitive employment, independent living and community inclusion;

  (c) Is based on the individual child's needs, taking into account the child's preferences and interests; and

  (d) May be special education, or related services, and may include earning credit at a community college or public university listed in ORS § 352. 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
• Uphold: The decision of an appellate court not to reverse a lower court decision.
• Venue: The geographical location in which a case is tried.
• 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