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 3348
A-Engrossed
House Bill 3398
Ordered by the House April 26
Including House Amendments dated April 26
Sponsored by Representative WILLIAMS; Senator MINNIS (at the
request of Oregon School Boards Association, Confederation of
Oregon School Board Administrators)
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.
Sets two-year time limit for requesting special education due
process hearing. { +
Declares emergency, effective on passage. + }
A BILL FOR AN ACT
Relating to special education hearings; creating new provisions;
amending ORS 343.165 and 343.167; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 343.165 is amended to read:
343.165. (1) A hearing shall be conducted pursuant to rules of
the State Board of Education if:
(a) The parent requests a hearing to contest the determination
of the school district concerning the identification, evaluation,
individualized education program, educational placement or the
provision of a free appropriate public education to the child; or
(b) The school district requests a hearing to obtain a decision
regarding whether its identification, evaluation, individualized
education program or educational placement of the child is
appropriate or whether the district's proposed action is
necessary to provide the child with a free appropriate public
education.
{ + (2) A hearing described in subsection (1) of this section
must be requested within two years after the date of the act or
omission that gives rise to the right to request a hearing under
subsection (1) of this section. + }
{ - (2) - } { + (3) + } The State Board of Education shall
adopt rules that establish when a school district is obligated to
initiate a contested case hearing to ensure that a student with
disabilities is provided with a free appropriate public
education.
{ - (3) - } { + (4) + } The board's rules in subsection (1)
of this section shall be as consistent as possible with the
procedures applicable to a contested case under ORS 183.310 to
183.550. However, the board's rules shall provide that:
(a) Any party to a hearing has the right to prohibit the
introduction of any evidence that has not been disclosed to that
party at least five business days before the hearing; and
(b) The hearing officer may prohibit the introduction of any
evidence regarding evaluations and recommendations based on those
evaluations that a party intends to use at the hearing, if the
evidence has not been disclosed to the other party at least five
business days before the hearing, unless the other party consents
to the introduction of the evidence.
{ - (4) - } { + (5) + } Notwithstanding subsection
{ - (3) - } { + (4) + } of this section, in an expedited
hearing the evidence must be disclosed to the other party not
later than two business days before the hearing.
{ - (5) - } { + (6) + } The parent shall be entitled to
have the child who is the subject of the hearing present at the
hearing and to have the hearing open to the public.
{ - (6) - } { + (7) + } When either party requests, an
expedited hearing shall be held in a dispute over a disciplinary
action for a child with a disability if:
(a) The child's parent disagrees with a determination that the
child's behavior was not a manifestation of the child's
disability or with any decision regarding the child's educational
placement; or
(b) The school district maintains that it is dangerous for the
child to be in the child's current educational placement during
the pendency of the hearing.
{ - (7) - } { + (8) + } The hearing shall be conducted by
an independent hearing officer appointed by the Superintendent of
Public Instruction. The hearing officer shall not be:
(a) An employee of a school district involved in the education
or care of the child;
(b) An employee of the Department of Education; or
(c) A person having any personal or professional interest which
would conflict with the person's objectivity in the hearing.
SECTION 2. 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) - } { + (7) + }, 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 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 3. { + The amendments to ORS 343.165 by section 1 of
this 2001 Act apply to acts or omissions that give rise to the
right to request a hearing under ORS 343.165 (1) occurring on or
after the effective date of this 2001 Act. + }
SECTION 4. { + This 2001 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2001 Act takes effect on its
passage. + }
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