(1) In addition to and not in lieu of any other sanction that may be imposed against a noncomplying school district, the Superintendent of Public Instruction may withhold all or any part of the funds otherwise due a district for special education until the district complies with the requirements of ORS § 343.146 to 343.183.

Terms Used In Oregon Statutes 343.183

  • Determination: means the determination by the school district concerning the identification, evaluation or educational placement of a child with a disability or the provision of a free appropriate public education to the child in a program paid for by the district. See Oregon Statutes 343.035
  • Instruction: means providing children and families with information and skills that support the achievement of the goals and outcomes in the child's individualized family service plan and working with preschool children with disabilities in one or more of the following developmental areas:

    (a) Communication development;

    (b) Social or emotional development;

    (c) Physical development, including vision and hearing;

    (d) Adaptive development; and

    (e) Cognitive development. 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
  • 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) If the Superintendent of Public Instruction finds that the school district has refused to pay for the independent evaluation when the results thereof required the determination of the school district to be revised significantly, the superintendent may withhold from funds due the district for special education an amount not to exceed the expense incurred by the parent in obtaining the independent evaluation. The superintendent shall use the funds thus withheld for payment of the costs of the independent evaluation. [1979 c.423 § 11 (enacted in lieu of 343.077); 1989 c.491 § 37]

 

[1979 c.423 § 12 (enacted in lieu of 343.077); 1983 c.294 § 1; 1989 c.158 § 1; repealed by 1991 c.795 § 15]

 

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