ORS 343.173: Parental right to examine district records; independent evaluation; hearing; costs.

(1) Notwithstanding the limitation on access to records under ORS 192.311 to 192.478, 326.565, 326.575 and 336.187, the parent is entitled at any reasonable time to examine all of the records of the school district pertaining to the identification, evaluation and educational placement of the child and the provision of a free appropriate public education to the child. Records must be provided without undue delay, which may not exceed 10 business days, as defined in ORS 192.311, from the date of the request for the records. Records may be redacted only to the extent necessary to protect personally identifiable information of other children unless disclosure is authorized by law or court order. (2) Any parent is entitled to obtain an independent evaluation at the expense of the school district if the parent disagrees with an evaluation obtained by the district. (3) If the school district disagrees with the parent’s request for an independent educational evaluation, the district may initiate a hearing under ORS 343.165 to show that the district’s evaluation is appropriate. If the final decision is that the district’s evaluation is appropriate, the parent has the right to an independent educational evaluation, but not at the district’s expense. (4) If the parent requests an independent educational evaluation of the child, the school district shall provide information about where an independent educational evaluation may be obtained. (5) If a hearing officer appointed under ORS 343.165 requests an independent educational evaluation as part of a hearing, the school district shall pay the cost of the evaluation. (6) For purposes of this section, “independent educational evaluation” means an evaluation conducted by a qualified examiner who is not employed by the school district responsible for the child in question. [1979 c.423 §8 (enacted in lieu of 343.077); 1989 c.252 §3; 1989 c.491 §36; 1993 c.45 §207; 1999 c.989 §18; 2023 c.189 §1] 343.173. (1) Notwithstanding the limitation on access to records under ORS 192.311 to 192.478, 326.561, 326.565, 326.575 and 336.187, the parent is entitled at any reasonable time to examine all of the records of the school district pertaining to the identification, evaluation and educational placement of the child and the provision of a free appropriate public education to the child. Records must be provided without undue delay, which may not exceed 10 business days, as defined in ORS 192.311, from the date of the request for the records. Records may be redacted only to the extent necessary to protect personally identifiable information of other children unless disclosure is authorized by law or court order. (2) Any parent is entitled to obtain an independent evaluation at the expense of the school district if the parent disagrees with an evaluation obtained by the district. (3) If the school district disagrees with the parent’s request for an independent educational evaluation, the district may initiate a hearing under ORS 343.165 to show that the district’s evaluation is appropriate. If the final decision is that the district’s evaluation is appropriate, the parent has the right to an independent educational evaluation, but not at the district’s expense. (4) If the parent requests an independent educational evaluation of the child, the school district shall provide information about where an independent educational evaluation may be obtained. (5) If a hearing officer appointed under ORS 343.165 requests an independent educational evaluation as part of a hearing, the school district shall pay the cost of the evaluation. (6) For purposes of this section, “independent educational evaluation” means an evaluation conducted by a qualified examiner who is not employed by the school district responsible for the child in question.