Oregon Statutes 343.527 – Requirements for written notice to parents of preschool child with disability
(1) A contractor or contractor’s designee shall give written notice to the parents of a preschool child with a disability or the parents of a preschool child suspected of having a disability within a reasonable time before the contractor or the contractor’s designee:
Terms Used In Oregon Statutes 343.527
- 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
- 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
- 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.
- 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
- 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
(a) Proposes to initiate or change the identification, evaluation or placement of the child or the provision of early childhood special education or early intervention services to the child; or
(b) Refuses to initiate or change the identification, evaluation or placement of the child or the provision of early childhood special education or early intervention services to the child.
(2) The written notice must comply with the rules prescribed by the State Board of Education.
(3) The written notice required under subsection (1) of this section shall be:
(a) Written in language understandable to the general public; and
(b) Provided in the native language of the parent or other mode of communication used by the parent, unless it is clearly not feasible to do so.
(4) If the native language or other mode of communication of the parent is not a written language, the contractor or designee shall take steps to ensure:
(a) That the notice is translated orally or by other means to the parent in the parent’s native language or other mode of communication;
(b) That the parent understands the content of the notice; and
(c) That there is written evidence that the requirements of this subsection have been met. [1991 c.749 § 18; 1995 c.237 § 3; 1999 c.989 § 27]
[1971 c.602 § 9; 1975 c.621 § 15; renumbered 343.287]