ORS 343.328: Right to revoke consent; effect of revocation; complaints to Department of Education; effects of noncompliance.

(1)(a) A parent or a foster parent may, at any time, revoke consent for the placement of a student with a disability on an abbreviated school day program. (b) Consent for the abbreviated school day program placement shall be considered revoked if, at any time, the parent or the foster parent revokes the consent, in writing, to an abbreviated school day program placement or makes a written objection to the abbreviated school day program placement. (c) Upon receipt of a written revocation or objection to the abbreviated school day program placement, the school district superintendent shall ensure that, within five school days or by a later date specified in a written notice provided by the parent or foster parent, the student has meaningful access to the same number of hours of instruction and educational services that are provided to the majority of other students who are in the same grade within the student’s resident school district. (d) Notwithstanding paragraph (c) of this subsection, a parent or foster parent of a student may allow the school district superintendent to have an extension of an additional five school days to ensure that the student has meaningful access to the same number of hours of instruction and educational services that are provided to the majority of other students who are in the same grade within the student’s resident school district if: (A) The parent or foster parent provides written consent for the extension; (B) The parent or foster parent has not previously provided written consent for an extension for the student during the school year; (C) The written consent states that the parent or foster parent understands that the parent or foster parent is not required to give consent for the extension and that the refusal to give consent for the extension will not result in adverse actions being taken against the student; and (D) The school district provides to the parent or foster parent, in writing and in a language and format accessible to the parent or foster parent, the specific reasons why the extension is needed. (e) If a school district fails to provide meaningful access before the expiration of an extension allowed under paragraph (d) of this subsection, any calculations of compensatory education that must be provided by the school district will be made as though an extension had not been allowed. (f) If a student is on an abbreviated school day program on the last day of the school year and the student’s parent or foster parent makes a written objection to the abbreviated school day program placement or revokes consent for the abbreviated school day program placement at least 14 calendar days prior to the beginning of the next school year, the student shall, beginning on the first day of the new school year, be provided with meaningful access to the same number of hours of instruction and educational services that are provided to the majority of other students who are in the same grade within the student’s resident school district. (2)(a) When the Department of Education receives a complaint or otherwise has cause to believe a school district is not in compliance with ORS 343.322 (7) and 343.324 (5), the department must initiate an investigation and inform the school district of any noncompliance within 30 calendar days of receiving the complaint or having cause to believe the school district is not in compliance. (b) If a complaint described in paragraph (a) of this subsection relates to a specific student and is submitted by the student’s parent or foster parent, the Superintendent of Public Instruction is not required to conduct an investigation and shall: (A) Presume that consent for the abbreviated school day program placement has been revoked. (B) Immediately, and in no case no more than two business days after receipt of the complaint, order the school district to provide to the student, within five school days, meaningful access to the same number of hours of instruction and educational services that are provided to the majority of other students who are in the same grade within the student’s resident school district. For the purpose of this subparagraph, “business day” has the meaning given that term in ORS 192.311. (C) Find the school district is not in compliance with ORS 343.322 (7) and 343.324 (5) if the school district fails to comply with the order described in subparagraph (B) of this paragraph and the parent or foster parent has not granted written consent for an extension as described in subsection (1)(d) of this section. (c) If the superintendent finds that a school district is not in compliance with ORS 343.322 (7) and 343.324 (5), either after an investigation or as provided by paragraph (b) of this subsection, the superintendent shall: (A) Enter an order that any students named in the complaint or identified in the course of an investigation initiated under paragraph (a) of this subsection who are placed on an abbreviated school day program in violation of ORS 343.322 (7) and 343.324 (5) be provided, within five school days of the final order, with meaningful access to the same number of hours of instruction and educational services that are provided to the majority of other students who are in the same grade within the student’s resident school district. (B) If the school district fails to comply with the order described in subparagraph (A) of this paragraph within five school days, find the school district nonstandard under ORS 327.158 or 334.217 until all students subject to the order and placed on an abbreviated school day program in violation of ORS 343.322 (7) and 343.324 (5) are provided with meaningful access to the same number of hours of instruction and educational services that are provided to the majority of other students who are in the same grade within the student’s resident school district. (C) If the school district fails to comply with the order described in subparagraph (A) of this paragraph within 10 school days and notwithstanding any timelines or process requirements of ORS 327.158 or 334.217, immediately withhold State School Fund moneys that otherwise would be distributed to the school district. Amounts withheld must be calculated based on the weighted average daily membership attributable to the students subject to the order, as calculated under ORS 327.013, and the percentage of the school year that the students were placed on an abbreviated school day program in violation of ORS 343.322 (7) and 343.324 (5). (D) Require the school district to provide compensatory education to the students subject to the order that is equivalent to at least one hour of direct instruction for every two hours of instruction that were lost due to an abbreviated school day program placement in violation of ORS 343.322 (7) and 343.324 (5). (3) The failure of a school district superintendent to restore meaningful access to a student within the time required by ORS 343.326 (3)(b)(B) or subsection (1)(c) or (d) of this section or to comply with an order issued under subsection (2)(c) of this section to restore meaningful access to all students subject to the order may be grounds for discipline by the Teacher Standards and Practices Commission under ORS 342.175. If the commission receives a complaint concerning a failure described in this subsection, the commission shall take into consideration the responsive efforts and actions of the superintendent to restore meaningful access to the student or students. [2023 c.290 §5]