Terms Used In Oregon Statutes > Chapter 343 > Special Education

• 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.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appraisal: A determination of property value.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Bequest: Property gifted by will.
• 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
• City: includes any incorporated village or town. See Oregon Statutes 174.100
• 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.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• County court: includes board of county commissioners. See Oregon Statutes 174.100
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Decedent: A deceased person.
• Decision: means the decision of the hearing officer. See Oregon Statutes 343.035
• Deed: The legal instrument used to transfer title in real property from one person to another.
• 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
• Devise: To gift property by will.
• district: means a cemetery maintenance district organized under this chapter. See Oregon Statutes 265.005
• Donor: The person who makes a gift.
• 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

• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• 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.
• 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}
• Fraud: Intentional deception resulting in injury to another.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• 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
• 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

• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Lien: A claim against real or personal property in satisfaction of a debt.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• local government: means all cities, counties and local service districts located in this state, and all administrative subdivisions of those cities, counties and local service districts. See Oregon Statutes 174.116
• 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
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Oath: A promise to tell the truth.
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• 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
• Oversight: Committee review of the activities of a Federal agency or program.
• 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
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
• 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

• Personal property: All property that is not real property.
• Plaintiff: The person who files the complaint in a civil lawsuit.
• 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

• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• public body: means state government bodies, local government bodies and special government bodies. See Oregon Statutes 174.109
• Quorum: The number of legislators that must be present to do business.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• 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.
• 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
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• 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

• state government: means the executive department, the judicial department and the legislative department. See Oregon Statutes 174.111
• State Treasury: includes those financial assets the lawful custody of which are vested in the State Treasurer and the office of the State Treasurer relating to the custody of those financial assets. See Oregon Statutes 174.100
• Statute: A law passed by a legislature.
• Summons: Another word for subpoena used by the criminal justice system.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• 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

• Trustee: A person or institution holding and administering property in trust.
• Unaccompanied homeless youth: has the meaning given that term in the McKinney-Vento Homeless Assistance Act, 42 U. See Oregon Statutes 343.035
• United States: includes territories, outlying possessions and the District of Columbia. See Oregon Statutes 174.100
• Venue: The geographical location in which a case is tried.
• Violate: includes failure to comply. See Oregon Statutes 174.100
• 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