71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 1042
House Bill 2603
Sponsored by Representative HILL (at the request of Caring for
Oregon's Children with Autism Spectrum Disorder Task Force)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Contains recommendations of Caring for Oregon's Children with
Autism Spectrum Disorder Task Force.
Directs State Board of Education to establish Autism Spectrum
Development Center. Specifies research, training and other duties
of center. Creates advisory board for Autism Spectrum Development
Center. Specifies responsibilities.
Directs State Board of Education to establish regional autism
model centers. Directs centers to provide training and
information.
Directs State Board of Education to establish training and
certification requirements for individuals providing special
education services to students with autism spectrum disorder.
Directs State Board of Education to set rules governing
development of educational programs for students with autism
spectrum disorder.
Specifies that children eligible for any special education
services because children have autism spectrum disorder are also
eligible for services from Department of Human Services.
A BILL FOR AN ACT
Relating to autism spectrum disorder; and appropriating money.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 2 to 6 of this 2001 Act are added to
and made a part of ORS chapter 343. + }
SECTION 2. { + (1) The State Board of Education shall
establish by rule the Autism Spectrum Development Center. The
center shall be operated under the supervision of the
Superintendent of Public Instruction. The superintendent shall
contract with a public or private person, agency or entity to
provide the services of the Autism Spectrum Development Center.
(2) The Autism Spectrum Development Center shall:
(a) Engage in autism spectrum disorder research activities. As
part of these research activities, the center shall:
(A) Adopt guidelines for the review and analysis of scientific
and educational research regarding autism spectrum disorder;
(B) Review and analyze current research, and recommend
standards concerning the content and delivery of special
education services for individuals with autism spectrum disorder;
(C) Design and monitor guidelines for assessment and
determinations of eligibility for special education services of
students suspected of having autism spectrum disorder;
(D) Design and demonstrate models for delivery of education
services to individuals with autism spectrum disorder; and
(E) Identify new research that is needed, and seek grants to
engage in such research;
(b) Collect and disseminate information about autism spectrum
disorder. The center shall:
(A) Provide information to parents, teachers and other
education service providers, medical providers, law enforcement
personnel, public and private agencies and the public;
(B) Develop and distribute fact sheets, maintain a lending
library, maintain and distribute a statewide directory of service
providers and community resources, conduct workshops and
facilitate the sharing of information among parents of children
with autism spectrum disorder. The center may disseminate
information in any way, but shall establish a toll-free telephone
number and disseminate information electronically;
(C) Offer training and workshops for parents regarding state
and federal laws and regulations affecting children with autism
spectrum disorder, including training on effective advocacy; and
(D) Develop and update a resource manual for educating students
with autism spectrum disorder in the least restrictive
environment, including education involving the general
curriculum;
(c) Develop training programs for parents, agency
administrators, teachers, related services providers and the
public regarding autism spectrum disorder, including training
programs to satisfy certification requirements described in
section 5 of this 2001 Act. The training programs shall:
(A) Be designed by the Autism Spectrum Development Center, in
consultation with the Superintendent of Public Instruction and
the State Board of Higher Education;
(B) Be disseminated to the regional autism model centers
described in section 4 of this 2001 Act;
(C) Require the collection and analysis of data to determine
the effectiveness of the training;
(D) Include a variety of educational strategies for teaching
students with autism spectrum disorder; and
(E) Include strategies for conflict resolution;
(d) Design and recommend certification requirements for
individuals working with students with autism spectrum disorder
as described in section 5 of this 2001 Act. The Autism Spectrum
Development Center shall design and recommend the requirements in
collaboration with the Superintendent of Public Instruction and
the State Board of Higher Education and shall consider
recommendations from regional autism model centers described in
section 4 of this 2001 Act;
(e) Recommend guidelines to the Superintendent of Public
Instruction for educational program development for students with
autism spectrum disorder. The guidelines shall identify elements
of effective practices, shall emphasize a continuum of services
and shall not require a specific educational methodology;
(f) Recommend standards to the Superintendent of Public
Instruction for annual evaluations of the effectiveness of
educational programs for students with autism spectrum disorder;
(g) In collaboration with the Department of Education, assist
in training state and local mediators about autism spectrum
disorder;
(h) Recommend guidelines for caseloads of individuals providing
educational services to children with autism spectrum disorder.
The guidelines shall account for the age of the student, the
intensity of the student's needs and the nature of the services
provided; and
(i) Assist the appropriate division of the Department of Human
Services in designing an intensive residential services training
plan and establishing model sites for training providers in the
delivery of residential services to individuals with autism
spectrum disorder and their families. The training plan and model
sites shall address:
(A) In-home behavioral supports;
(B) In-home child care supports;
(C) Community resource supports;
(D) Respite care provided by trained personnel;
(E) Foster care provided by trained personnel;
(F) Group homes staffed by trained personnel; and
(G) Long term care or treatment provided by trained personnel.
(3) The Autism Spectrum Development Center may solicit and
accept contributions of funds and assistance from the United
States Government, its agencies, or from any other source, public
or private, and agree to conditions thereon not inconsistent with
the purposes of the center. All such funds are continuously
appropriated to aid in financing the functions of the center and
shall be deposited in the General Fund of the State Treasury to
the credit of a separate account for the center and shall be
disbursed for the purpose for which contributed. + }
SECTION 3. { + (1) There is created the Autism Spectrum
Development Center Advisory Board, consisting of members
appointed by the State Board of Education. Members shall be
representative of the geographic areas of this state.
(2) Members must include:
(a) Parents of children with autism spectrum disorders that
represent the range of the disorder;
(b) An educator of children with autism spectrum disorder;
(c) Representatives of local educational agencies;
(d) A representative of an institution of higher education that
prepares personnel to provide special education services;
(e) A director of a regional autism model center;
(f) An early intervention service provider or early childhood
special education provider;
(g) A representative of an education service district;
(h) A member of the medical profession;
(i) Representatives of the appropriate division of the
Department of Human Services; and
(j) A representative of the Department of Education.
(3) A majority of the members must be parents of children with
autism spectrum disorder.
(4) The Autism Spectrum Development Center Advisory Board
shall:
(a) Assist in the development of policy for the operation of
the Autism Spectrum Disorder Center and advise the Superintendent
of Public Instruction and the State Board of Education on the
operation of the center;
(b) Advise the Superintendent of Public Instruction and the
State Board of Education on the contracting for providing the
services of the center and the hiring of a director for the
center; and
(c) Review statewide programs for education of children with
autism spectrum disorder, advise the Superintendent of Public
Instruction and the State Board of Education on such programs and
prepare and provide an annual report to the superintendent and
the State Board of Education regarding statewide programs for
education of children with autism spectrum disorder.
(5) From the funds appropriated to the Department of Education,
the department shall reimburse Autism Spectrum Disorder Center
Advisory Board members for necessary travel and other expenses
under ORS 292.495 (2). + }
SECTION 4. { + (1) The State Board of Education shall
establish by rule regional autism model centers in not fewer than
eight regions throughout the state. The centers shall be operated
and administered by the Superintendent of Public Instruction or
the superintendent may contract for the operation and
administration of the centers.
(2) Each center shall have a director and appropriate staff,
including autism spectrum disorder specialists, behavior
specialists and family advocates who have expertise in:
(a) Autism spectrum disorder;
(b) Public and private resources available to serve children
with autism spectrum disorder;
(c) Behavior and communication issues related to autism
spectrum disorder;
(d) Strategies for teaching children with autism spectrum
disorder; and
(e) Strategies for integrating public and private resources
available to serve children with autism spectrum disorder.
(3) Each center shall:
(a) Provide training and disseminate information regarding
autism spectrum disorder, including but not limited to conducting
workshops, providing direct consultation and training service
providers; and
(b) Review data from annual evaluations of the effectiveness of
educational programs for students with autism spectrum disorder
and revise training and services as necessary.
(4) In fulfilling its responsibilities under subsection (3) of
this section, each center may:
(a) Develop a mentor teacher program, in collaboration with the
Superintendent of Public Instruction;
(b) Develop and operate a model program site or sites, provide
training on the establishment and operation of any model site, or
develop and operate a model program site or sites in cooperation
with other public or private agencies;
(c) Provide training on use of appropriate instructional
strategies for students with autism spectrum disorder;
(d) Subject to other provisions of this chapter, assess
students to determine their eligibility for special education
services, identify educational needs, develop plans for providing
positive behavioral supports and otherwise aid in planning of
educational programs;
(e) Assist with parent-to-parent contacts;
(f) Assist with referrals to other public and private services;
(g) Provide training for family members;
(h) Provide consultation to schools and individuals working
with students with autism spectrum disorder;
(i) Develop regional networks;
(j) Provide technical assistance; and
(k) Provide direct instruction at model sites.
(5) The Superintendent of Public Instruction shall appoint an
advisory board for each regional autism model center. The board
shall review all aspects of the operation of the center and
report its findings and recommendations annually to the Autism
Spectrum Development Center Advisory Board and the
superintendent.
(6) Members of each advisory board must include:
(a) Parents of children with autism spectrum disorder;
(b) If possible, individuals with autism spectrum disorder;
(c) Educators of children with autism spectrum disorder or
other representatives of school districts;
(d) The director of the regional autism model center;
(e) Early intervention service providers or early childhood
special education providers;
(f) A representative of education service districts; and
(g) Physicians.
(7) Out of the funds appropriated to the Department of
Education, the department shall reimburse members of the regional
advisory boards for necessary travel and other expenses under ORS
292.495 (2). + }
SECTION 5. { + (1) The State Board of Education by rule shall
establish training and certification requirements for individuals
providing special education services to students with autism
spectrum disorder, including but not limited to:
(a) Special education teachers;
(b) Other service providers;
(c) Educational assistants; and
(d) Autism spectrum disorder specialists.
(2) The certification requirements shall be based on the
guidelines recommended by the Autism Spectrum Development Center
under section 2 of this 2001 Act.
(3) The State Board of Education may waive the certification
requirements established under this section if the board
determines after a hearing that an individual is capable of
performing the required functions. + }
SECTION 6. { + (1) The State Board of Education shall
establish by rule provisions governing development of educational
programs for students with autism spectrum disorder. The board
shall consider guidelines recommended by the Autism Spectrum
Development Center under section 2 of this 2001 Act.
(2) The Superintendent of Public Instruction shall conduct an
annual evaluation of the effectiveness of education programs for
students with autism spectrum disorder and disseminate the report
to the public. The superintendent shall consider standards
recommended by the Autism Spectrum Development Center under
section 2 of this 2001 Act. + }
SECTION 7. { + Section 8 of this 2001 Act is added to and made
a part of ORS chapter 427. + }
SECTION 8. { + (1) Any preschool child with a disability or
child with a disability who is determined to be eligible for
early intervention services, early childhood special education
services or special education services under ORS chapter 343
because the child has been evaluated as having autism spectrum
disorder, shall be eligible for services described in ORS 430.215
and provided by the Mental Health and Developmental Disabilities
Services Division of the Department of Human Services.
(2) The Department of Education and the Department of Human
Services shall enter into an interagency agreement to facilitate
the coordination of educational and human resource services to
children with autism spectrum disorder. + }
SECTION 9. { + Rules adopted by the State Board of Education
under section 5 of this 2001 Act shall specify a date by which
individuals providing special education services to students with
autism spectrum disorder on the effective date of this 2001 Act
must satisfy certification requirements. + }
SECTION 10. { + Sections 2 to 6 and 8 of this 2001 Act become
operative on ___. + }
SECTION 11. { + The Superintendent of Public Instruction, the
State Board of Education, the Director of Human Services, any
district and any other state or local public agency or body may
take any action before the operative date of sections 2 to 6 and
8 of this 2001 Act that is necessary to enable the Superintendent
of Public Instruction, the State Board of Education, the Director
of Human Services, any district and any other state or local
public agency or body to exercise, on an after the operative date
of sections 2 to 6 and 8 of this 2001 Act, the duties, functions
and powers conferred and required by this 2001 Act. + }
SECTION 12. { + In addition to and not in lieu of any other
appropriation, there is appropriated to the Department of
Education, for the biennium beginning July 1, 2001, out of the
General Fund, the amount of $___, which may be expended for
purposes of implementing sections 2 to 6 of this 2001 Act. + }
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