(1) A school district shall give written notice to the parents of a child with a disability a reasonable time before the school district:

Terms Used In Oregon Statutes 343.159

  • 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
  • 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
  • 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

(a) Proposes to initiate or change the identification, evaluation or educational placement of the child or the provision of a free appropriate public education to the child; or

(b) Refuses to initiate or change the identification, evaluation or educational placement of the child or the provision of a free appropriate public education 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 school district 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. [1999 c.989 § 15]

 

[Repealed by 1965 c.100 § 456]

 

[2017 c.322 § 2; 2019 c.295 § 1; 2023 c.202 § 8; repealed by 2023 c.290 § 8]

 

[1979 c.423 § 5 (enacted in lieu of 343.077); 1991 c.795 § 4; repealed by 1993 c.749 § 6 (343.164 enacted in lieu of 343.163)]