(1) A school district shall obtain informed written parental consent before the school district conducts an initial evaluation or a reevaluation and before the initial provision of special education and related services for a child with a disability.

Terms Used In Oregon Statutes 343.164

  • 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
  • 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
  • Related services: means transportation and such developmental, corrective and other supportive services as are required to assist a child with a disability to benefit from special education, including:

    (A) Speech-language and audiology services;

    (B) Interpreting services;

    (C) Psychological services;

    (D) Physical and occupational therapy;

    (E) Recreation, including therapeutic recreation;

    (F) Social work services;

    (G) School nurse services designed to enable a child with a disability to receive a free appropriate public education as described in the individualized education program of the child;

    (H) Early identification and assessment of disabilities in children;

    (I) Counseling services, including rehabilitation counseling;

    (J) Orientation and mobility services;

    (K) Medical services for diagnostic or evaluation purposes;

    (L) Parent counseling and training; and

    (M) Assistive technology. 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
  • 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

(2)(a) At any time, the parent of a child may revoke, in writing, consent for:

(A) An initial evaluation;

(B) The initial provision and the continuing provision of special education and related services; and

(C) A reevaluation.

(b) If a parent revokes consent as provided in paragraph (a) of this subsection, the revocation is not retroactive and does not invalidate an action that was based on the consent and that occurred after the consent was given and before the consent was revoked.

(3) The school district shall follow procedures prescribed in rules of the State Board of Education when necessary consent is not obtained. [1993 c.749 § 7 (enacted in lieu of 343.163); 1999 c.989 § 13; 2009 c.255 § 4]