ORS 343.155: Procedures to protect rights of child with disability; rules.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
The State Board of Education shall establish by rule procedures to protect the rights of every child with a disability who is eligible for special education and every child who there is a reasonable cause to believe has a disability, including: (1) Rules providing for the participation of the parents of a child with a disability in meetings regarding the child’s identification, evaluation, individualized education program, educational placement and the provision of a free appropriate public education to the child. (2) Rules governing the procedures for the appointment of a surrogate for the parent and other rules necessary to protect the special educational rights of the child, which shall include, but need not be limited to, rules applicable whenever: (a) No parent of the child can be identified or located after reasonable efforts; (b) There is reasonable cause to believe that the child has a disability and is a ward of the state; (c) The child is an unaccompanied homeless youth; (d) The child reaches the age of majority and has been determined not to have the ability to give informed consent regarding the child’s education; or (e) The parent, guardian or former guardian of the child is disqualified from being appointed as a surrogate under ORS 343.156. (3) Rules prescribing mediation procedures, resolution sessions and hearings procedures if identification, evaluation, individualized education program or placement is contested. (4) Rules prescribing when notice of procedural safeguards must be given to the parents or the child with a disability who has reached the age of majority, the content of the notice and the language of the notice. (5) Rules prescribing standards and procedures for disciplinary actions for behavior or misconduct of a child with a disability. (6) Other procedural safeguards as required by law. [1979 c.423 §3 (enacted in lieu of 343.077); 1989 c.491 §34; 1991 c.795 §3; 1999 c.989 §10; 2005 c.662 §4; 2007 c.70 §103; 2011 c.194 §7; 2013 c.1 §41]
Administrative rules citing this section
- OAR 581-015-2010: Census and Data Reporting — implements
- OAR 581-015-2090: Consent — implements
- OAR 581-015-2090: Consent — authority
- OAR 581-015-2095: Exceptions to Consent — implements
- OAR 581-015-2190: Parent Participation – General — implements
- OAR 581-015-2245: Alternative Placements and Supplementary Aids and Services — implements
- OAR 581-015-2245: Alternative Placements and Supplementary Aids and Services — authority
- OAR 581-015-2300: Access to Student Education Records — implements
- OAR 581-015-2300: Access to Student Education Records — authority
- OAR 581-015-2305: Independent Educational Evaluation — implements
- OAR 581-015-2310: Prior Written Notice — implements
- OAR 581-015-2315: Notice of Procedural Safeguards — implements
- OAR 581-015-2320: Surrogate Parents — implements
- OAR 581-015-2320: Surrogate Parents — authority
- OAR 581-015-2325: Transfer of Procedural Rights at Age of Majority — implements
- OAR 581-015-2325: Transfer of Procedural Rights at Age of Majority — authority
- OAR 581-015-2330: Notice of Transfer of Rights at Majority — implements
- OAR 581-015-2335: Mediation — implements
- OAR 581-015-2340: Procedural Rules for Due Process Hearings — implements
- OAR 581-015-2340: Procedural Rules for Due Process Hearings — authority
- OAR 581-015-2360: Pre-Hearing Conference, Notice of Hearing and Hearing Rights — implements
- OAR 581-015-2370: Conduct of Hearing — implements
- OAR 581-015-2380: Informal Disposition — implements
- OAR 581-015-2383: Failure to Appear at a Hearing — implements
- OAR 581-015-2400: Definitions — implements
- OAR 581-015-2405: Disciplinary Removals for Up to 10 School Days for Children with Disabilities — implements
- OAR 581-015-2410: Additional Disciplinary Removals of Up to 10 School Days Each (No Pattern) — implements
- OAR 581-015-2415: Disciplinary Removals of More than 10 School Days (Pattern or Consecutive) — implements
- OAR 581-015-2420: Manifestation Determination — implements
- OAR 581-015-2425: Removal to an Interim Alternative Educational Setting by School District — implements
- OAR 581-015-2430: Removal to an Interim Alternative Educational Setting by Administrative Law Judge (Injurious Behavior) — implements
- OAR 581-015-2435: Requirements of an Interim Alternative Educational Setting — implements
- OAR 581-015-2440: Protections for Children Not Yet Eligible for Special Education — implements
- OAR 581-015-2445: Expedited Due Process Hearings — implements
- OAR 581-015-2455: Provision of services for Private School Children with Disabilities — implements
- OAR 581-015-2460: Services Plan — implements
- OAR 581-015-2465: Documentation Requirements — implements
- OAR 581-015-2495: Funds and Property Not to Benefit Private Schools — implements
- OAR 581-015-2515: Reimbursement for Private Placement — implements
- OAR 581-015-2530: Children and Young Adults Enrolled in Public Benefits or Insurance — implements
This rule cites
- ORS 343.156 — resolved
Cited by
- ORS 339.252: Child with disability continues to be entitled to free appropriate public education if removed for disciplinary reasons; due process procedures.
- ORS 343.322: Legislative findings; requirements before considering, recommending or implementing abbreviated school day program; determination of abbreviated school days; parental notification; requirement for parental consent; prohibition on unilateral placement on abbreviated school day program.
- ORS 343.331: Exemptions from applicability of abbreviated school day program requirements.
- OAR 581-015-2335: Mediation
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors343.html