Chapter 343

NOTES OF DECISIONS

As handicapped children are entitled under this chapter to receive special education and related services free of charge, where private residential placement for handicapped child has been found necessary, tuition expense must be borne by school district, and this obligation is not limited to school year. Mahoney v. Adm. Sch. Dist. No. 1, 42 Or App 665, 601 P2d 826 (1979)

343.035

NOTES OF DECISIONS

This statute defines “handicapped children” as children “under 21 years of age” so that discretionary programs for handicapped children under regular school age would be eligible for reimbursement; it does not mandate programs for handicapped children under regular school age. Stewart v. Salem School Dist 24J, 65 Or App 188, 670 P2d 1048 (1983)

343.077

NOTE: Repealed July 17, 1979; ORS 343.153 to 343.187 enacted in lieu

See annotations under ORS 343.153 to 343.187.

343.153 to 343.187

NOTES OF DECISIONS

Under former similar statute (ORS 343.077)

Under former section hearings officer and Department of Education were empowered to direct school district to pay tuition of handicapped child placed in private residential facility. Mahoney v. Adm. Sch. Dist. No. 1, 42 Or App 665, 601 P2d 826 (1979)

343.183

NOTES OF DECISIONS

This section does not give department authority to require district to pay money directly to aggrieved parent. Laughlin v. School Dist. No. 1, 69 Or App 63, 686 P2d 385 (1984)

343.221

NOTES OF DECISIONS

This statute does not require a district to provide educational services for handicapped children under regular school age, although a district may choose to do and seek approval of its programs and partial reimbursement of costs from Superintendent. Stewart v. Salem School Dist 24J, 65 Or App 188, 670 P2d 1048 (1983)

ATTY. GEN. OPINIONS: Education for children in child-care agency, (1975) Vol 37, p 611

343.660

ATTY. GEN. OPINIONS: Education for children in child-care agency, (1975) Vol 37, p 611

343.680

ATTY. GEN. OPINIONS: Education for children in child-care agency, (1975) Vol 37, p 611