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 3438
 
                         House Bill 3397
 
Sponsored by Representative STARR
 
 
                             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.
 
  Directs Department of Education to pay costs connected with
conduct of special education due process hearings.
 
                        A BILL FOR AN ACT
Relating to expenses of special education due process hearings;
  creating new provisions; and amending ORS 343.167.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 343.167 is amended to read:
  343.167. (1) If the finding at the hearing held under ORS
343.165 is that the identification, evaluation and educational
placement by the district are appropriate and that the child is
being provided a free appropriate public education, the hearing
officer shall decide in support of the determination of the
district.
  (2) If the finding at the hearing is that the identification,
evaluation or educational placement is not appropriate or that
the child is not being provided a free appropriate public
education, the hearing officer shall grant appropriate relief
within the hearing officer's scope of authority.
  (3) The decision shall be entered not later than 45 days after
the request for hearing is filed unless an extension has been
granted by the hearing officer at the request of the parent or
the school district. Copies of the decision shall be sent to the
parent and to the school district accompanied by a statement
describing the method of appealing the decision.
  (4) In expedited hearings conducted pursuant to ORS 343.165
(6), the State Board of Education shall adopt rules that require
a decision within 45 days, without exceptions or extensions.
  (5) Pursuant to rules of the State Board of Education, the
  { - Superintendent of Public Instruction shall bill the school
district for - }   { + Department of Education shall pay + } all
reasonable costs connected with the appointment of an independent
hearing officer and the conduct of a due process hearing.
 { - The district shall make payment to the Department of
Education for the cost of the hearing within 30 days of receipt
of the billing. - }
  SECTION 2.  { + The amendments to ORS 343.167 by section 1 of
this 2001 Act apply to hearings requested under ORS 343.165 on or
after the effective date of this 2001 Act. + }
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