Chapter 266 Oregon Laws 2003

AN ACT

SB 127

Relating to special education; amending ORS 343.521; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 343.521 is amended to read:

343.521. (1) In accordance with rules of the State Board of Education, the agencies under contract with the Department of Education to provide early childhood special education or early intervention services must [assure] ensure that an individualized family service plan is developed for each preschool child with a disability who is determined eligible for early childhood special education or early intervention services and for the child’s family. The Department of Education or its contractors shall not be responsible for the cost of other services of the individualized family service plan that are not early childhood special education or early intervention services. The individualized family service plan must be developed in a meeting conducted within:

(a) Forty-five calendar days from the date the child is referred for early intervention services; or

(b) Thirty calendar days from the time the child is determined to be eligible for [the] early childhood special education [services].

(2) The meeting arrangements must be made with, and written notice provided to, the parents and other participants within a reasonable time prior to the meeting date. Meetings must be conducted:

(a) In settings and at times that are convenient to the parent; and

(b) In the native language of the parent or other mode of communication used by the family.

(3)(a) If a child is receiving early intervention services, a review of the individualized family service plan for [a] the child and the child’s family shall be conducted every six months or more frequently if conditions warrant or if the family requests such a review. If a child is receiving early childhood special education, a review of the individualized family service plan may be conducted every six months. The purpose of the periodic review is to determine:

(A) The degree to which progress toward achieving the goals and outcomes is being made; and

(B) Whether modification or revision of the goals and outcomes or services is necessary.

(b) The review may be carried out by a meeting or by another means that is acceptable to the parents and other participants.

(4) A meeting must be conducted on at least an annual basis to evaluate the individualized family service plan for a child and the child’s family, and to revise its provisions as appropriate. The results of any current evaluations and other information available from the ongoing assessment of the child and family shall be used in determining what services are needed and shall be provided.

(5) A representative of the school district of the child shall participate in the annual meeting the year before the child enters school.

(6) The State Board of Education shall establish by rule the contents of an individualized family service plan.

SECTION 2. This 2003 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2003 Act takes effect July 1, 2003.

Approved by the Governor June 10, 2003

Filed in the office of Secretary of State June 11, 2003

Effective date July 1, 2003

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