ORS Chapter 346 - Oregon Statutes

Chapter 346 — Programsfor Persons Who Are Blind or Deaf

 

2009 EDITION

 

 

PROGRAMSFOR PERSONS WHO ARE BLIND OR DEAF

 

EDUCATIONAND CULTURE

 

TRAININGAND EDUCATION FACILITIES FOR CHILDREN WHO ARE DEAF

 

(Generally)

 

346.010     Trainingand educational services for children who are deaf

 

346.015     Preparingindividual education plan prior to placement; consultation; declaration thatdistrict cannot provide education; rules

 

346.017     Enrollmentof nonresident students in school permitted

 

346.019     EducationalFacilities Fund

 

346.020     Courseof instruction; personnel; authority over students; rules

 

346.030     Applicationfor admission

 

346.035     Annualreview of individual education plan for certain children

 

346.041     Residentdistrict responsible for transportation of pupils; Special EducationTransportation Revolving Account

 

346.047     Authorityof state board to hold property

 

346.055     Trustaccount for student funds

 

346.070     Aidto students who are deaf; rules

 

346.080     Noticeto employees of reasonable assurance of continued employment; effect of failureto give notice

 

(Boardof Directors of Oregon School for the Deaf)

 

346.085     Membership;terms; compensation and expenses

 

346.087     Organization;quorum; meetings

 

346.089     Duties

 

346.092     Masterplan; reports

 

COMMISSIONFOR THE BLIND

 

346.110     Definitionsfor ORS 346.110 to 346.270

 

346.120     Commissionfor the Blind; purpose

 

346.130     Commissionmembers; confirmation; meetings; compensation and expenses

 

346.140     Administratorand other employees

 

346.150     Rulesand regulations

 

346.160     Registerof persons who are blind

 

346.165     Useof official records

 

346.167     Prohibiteduses of records

 

346.169     Exchangeof public or private agency records

 

346.170     Programfor conservation and restoration of sight and prevention of blindness; free eyecare

 

346.180     Vocationalrehabilitation services

 

346.190     Industriesfor the Blind Program

 

346.210     Supplyingmaterials and equipment to persons with visual impairment

 

346.220     Preferencefor products or services of persons with visual impairment in state purchases

 

346.230     Commissionaccounts; funds; appropriations; sales on credit

 

346.240     Paymentof incidental expenses of commission

 

346.250     Programof social and educational services

 

346.260     Cooperationwith Department of Human Services

 

346.265     Authorityto cooperate with and receive grants from federal government

 

346.270     Receiptand expenditure of gifts and bequests

 

346.290     Commissionfor the Blind Account

 

346.300     Criminalrecords checks

 

FUNDINGFOR SERVICES TO STUDENTS WHO ARE BLIND OR VISUALLY IMPAIRED

 

346.315     Blindand Visually Impaired Student Fund

 

(Temporaryprovisions relating to closure of Oregon School for the Blind are compiled asnotes following ORS 346.315)

 

VENDINGFACILITIES ON PUBLIC PROPERTY

 

346.510     Definitionsfor ORS 346.510 to 346.570

 

346.520     Personswho are blind to operate vending facilities in public buildings or on publicproperty; charges prohibited; exception

 

346.530     Noticeto commission on vending facilities locations; statement of reason for refusalof commission offer

 

346.540     Dutiesof commission with respect to operation of vending facilities; rules

 

346.550     Commoditiesand articles that may be sold at vending facilities

 

346.560     Operatorsubject to applicable laws and ordinances

 

346.565     Participationin state health benefit plan and deferred compensation plan

 

346.570     Rightsof persons operating vending facilities prior to August 20, 1957

 

ASSISTANCEDOGS FOR PERSONS WHO ARE BLIND OR DEAF

 

346.610     Definitionsfor ORS 346.610 to 346.630

 

346.620     Dogguide in place of public accommodation or on public transportation for personwho is blind; liability

 

346.630     Prohibitionagainst discriminating in renting housing because of dog guide; remedy

 

346.640     Definitionsfor ORS 346.640 to 346.660

 

346.650     Hearingear dog in place of public accommodation or on public transportation for personwho is deaf; liability

 

346.660     Prohibitionagainst discriminating in renting housing because of hearing ear dog; liability

 

ASSISTANCEANIMALS FOR PERSONS WITH PHYSICAL IMPAIRMENT

 

346.680     Definitionsfor ORS 346.680 to 346.690

 

346.685     Rightsof person with physical impairment and trainer; prohibition on admission chargefor animal; access to transportation; liability for damage by animal

 

346.687     Damagesrecoverable for harm or theft of assistance animal

 

346.690     Prohibitionagainst discrimination in renting housing because of assistance animal;liability

 

PENALTIES

 

346.991     Penalties

 

      346.001 [1969 c.597 §80a;repealed by 1971 c.301 §26]

 

      346.002 [1969 c.597 §80c;repealed by 1971 c.301 §26]

 

      346.003 [1969 c.597 §80e;repealed by 1971 c.301 §26]

 

      346.004 [1969 c.597 §80f;repealed by 1971 c.301 §26]

 

      346.005 [1969 c.597 §80g;repealed by 1971 c.301 §26]

 

TRAININGAND EDUCATION FACILITIES FOR CHILDREN WHO ARE DEAF

 

(Generally)

 

      346.010Training and educational services for children who are deaf. (1) Pursuant torules of the State Board of Education, the Superintendent of Public Instructionshall provide free training and education services in a school located inMarion County for children who are deaf.

      (2)The Superintendent of Public Instruction shall indicate which facilities shallserve as the Oregon School for the Deaf.

      (3)The superintendent may order a change in all or part in the purpose and use ofthe facilities available under this section whenever the superintendentdetermines that a change in purpose and use will better enable the state tomeet its responsibilities for the education and training of children who aredeaf.

      (4)The school shall be operated primarily for the provision of education andtraining services for children who are deaf who cannot be efficiently served inother schools or programs.

      (5)The Board of Directors of the Oregon School for the Deaf may appeal anydecision of the Superintendent of Public Instruction made under this section tothe State Board of Education. An appeal under this subsection must be filedwith the State Board of Education within 60 days of the date of the decision bythe superintendent. The State Board of Education may uphold, modify or overturnany decision of the superintendent under this section. [Amended by 1965 c.100 §444;1971 c.301 §2; 1991 c.631 §1; 2007 c.70 §113; 2007 c.858 §71; 2009 c.562 §25]

 

      346.015Preparing individual education plan prior to placement; consultation; declarationthat district cannot provide education; rules. (1) Prior toconvening a meeting to prepare an individual education plan for a child withmental retardation or a developmental disability for whom placement at theschool operated under ORS 346.010 may be considered, the agency that isproviding the education for the child shall notify the local communitydevelopmental disabilities program. The case manager responsible for programsfor children with mental retardation or developmental disabilities, inconsultation with the Department of Human Services, shall evaluate whether thechild also has needs for alternative residential care or other supportservices. If the evaluation determines this to be the case, but documents thatcommunity resources are not available to meet these needs, the school districtmay proceed with the meeting to prepare the individual education plan in whichplacement at the school operated under ORS 346.010 may be considered.

      (2)An agency providing education under subsection (1) of this section may initiatethe procedure in subsection (1) of this section for any child who does not havemental retardation or a developmental disability when in the agency’s judgmenta treatment or residential issue is prompting proposed placement under ORS346.010.

      (3)A child may not be placed in the school operated under ORS 346.010 unless thedistrict superintendent or the superintendent’s designee has signed a statementdeclaring that the district cannot provide a free appropriate public educationfor the child commensurate with the needs of the child as identified by theindividual education plan of the child and that the school is the leastrestrictive environment in which the child can be educated.

      (4)By rule, the State Board of Education shall determine procedures to be followedby local education agencies in carrying out this section. [1985 c.555 §5; 1989c.491 §54; 2001 c.36 §2; 2001 c.900 §61; 2007 c.70 §114; 2007 c.858 §73; 2009c.562 §26; 2009 c.595 §219]

 

      346.017Enrollment of nonresident students in school permitted. (1)Notwithstanding ORS 346.015, the Superintendent of Public Instruction mayenroll a student in the school operated under ORS 346.010 if the student is nota resident of Oregon. However, priority for enrollment at the school shall begiven to students who are residents of Oregon.

      (2)The superintendent may charge tuition and fees to any student who is enrolledunder this section.

      (3)A student who is enrolled under this section is not considered a resident ofany school district based on the enrollment and attendance at the school. [1997c.93 §1; 2007 c.858 §74; 2009 c.562 §27]

 

      346.019Educational Facilities Fund. (1) There is established an EducationalFacilities Fund, separate and distinct from the General Fund. All tuition andfees collected under ORS 346.017 and all expenses incurred in theadministration of ORS 346.017 shall be deposited to and borne by the fund.Interest earned by the fund shall be credited to the fund.

      (2)The moneys in the fund are appropriated continuously to the Department ofEducation for purposes of the school operated under ORS 346.010. [1997 c.93 §2;2007 c.858 §75; 2009 c.562 §28]

 

      346.020Course of instruction; personnel; authority over students; rules. (1) TheSuperintendent of Public Instruction shall prescribe the course of instructionfor students enrolled in the school operated under ORS 346.010. The State Boardof Education shall determine the procedures for placement, development ofservices and operation of the school in conformance with state and federal lawsrelating to children who are eligible for special education and shall adopt theprocedures by rule.

      (2)In consultation with the Board of Directors of the Oregon School for the Deaf,the Superintendent of Public Instruction shall select a director for theschool. The superintendent may also select teachers and other personnelnecessary to manage the school in an effective and efficient manner or maydelegate the selection of teachers and other personnel to the director of theschool.

      (3)The Superintendent of Public Instruction shall have control over personsenrolled in the school and shall direct their care and promote their mental,moral and physical welfare.

      (4)The Board of Directors of the Oregon School for the Deaf may appeal a decisionof the Superintendent of Public Instruction to the State Board of Education ifthe decision was made under subsection (2) of this section and relates to theselection or dismissal of the director of the school. An appeal under thissubsection must be filed with the State Board of Education within 60 days ofthe date of the decision by the superintendent. The State Board of Educationmay uphold, modify or overturn any decision of the superintendent under thissection. [Amended by 1965 c.100 §445; 1969 c.597 §80h; 1971 c.301 §3; 1989c.265 §3; 1991 c.631 §2; 2007 c.858 §76; 2009 c.562 §29]

 

      346.030Application for admission. Application for admission to the school operatedunder ORS 346.010 shall be made to the Department of Education. Applicationshall be made on forms which are provided by the department. [Amended by 1965c.100 §446; 1969 c.597 §80i; 1971 c.301 §4; 2007 c.858 §77; 2009 c.562 §30]

 

      346.035Annual review of individual education plan for certain children. For a child whois enrolled under ORS 346.010 and who has mental retardation or a developmentaldisability, the Department of Education shall notify the communitydevelopmental disabilities program of the date of the annual review of theindividual education plan of the child for the purpose of including in thereview the assigned case manager’s assessment of community resources that areavailable for treatment or residential needs the child might have. [1985 c.555 §6;2007 c.70 §115; 2009 c.595 §220]

 

      346.040 [Amended by1965 c.100 §447; 1971 c.301 §5; 1979 c.639 §1; 1981 c.222 §1; repealed by 1991c.631 §5]

 

      346.041Resident district res