72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
 
                            Enrolled
 
                         Senate Bill 127
 
Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Department of Education and
  State Board of Education)
 
 
                     CHAPTER ................
 
 
                             AN ACT
 
 
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:
 
 
Enrolled Senate Bill 127 (SB 127-INTRO)                    Page 1
 
 
 
  (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. + }
                         ----------
 
 
Passed by Senate February 20, 2003
 
 
      ...........................................................
                                              Secretary of Senate
 
      ...........................................................
                                              President of Senate
 
Passed by House May 16, 2003
 
 
      ...........................................................
                                                 Speaker of House
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled Senate Bill 127 (SB 127-INTRO)                    Page 2
 
 
 
 
 
Received by Governor:
 
......M.,............., 2003
 
Approved:
 
......M.,............., 2003
 
 
      ...........................................................
                                                         Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2003
 
 
      ...........................................................
                                               Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled Senate Bill 127 (SB 127-INTRO)                    Page 3