Bill Text: OR HB2898 | 2013 | Regular Session | Enrolled
Bill Title: Relating to education; and declaring an emergency.
Spectrum: Committee Bill
Status: (Passed) 2013-08-14 - Chapter 725, (2013 Laws): Effective date August 14, 2013. [HB2898 Detail]
Download: Oregon-2013-HB2898-Enrolled.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
House Bill 2898
Sponsored by COMMITTEE ON HIGHER EDUCATION AND WORKFORCE
DEVELOPMENT
CHAPTER ................
AN ACT
Relating to education; creating new provisions; amending ORS
343.035; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 343.035 is amended to read:
343.035. As used in this chapter unless the context requires
otherwise:
(1) 'Child with a disability' means a school-age child who is
entitled to a free appropriate public education as specified by
ORS 339.115 and who requires special education because the child
has been evaluated as having one of the following conditions as
defined by rules established by the State Board of Education:
(a) Intellectual disability;
(b) Hearing impairment, including difficulty in hearing and
deafness;
(c) Speech or language impairment;
(d) Visual impairment, including blindness;
(e) Deaf-blindness;
(f) Emotional disturbance;
(g) Orthopedic or other health impairment;
(h) Autism;
(i) Traumatic brain injury; or
(j) Specific learning disabilities.
(2) 'Decision' means the decision of the hearing officer.
(3) 'Determination' means the determination by the school
district concerning the identification, evaluation or educational
placement of a child with a disability or the provision of a free
appropriate public education to the child in a program paid for
by the district.
(4) 'Developmental delay' means:
(a) Delay, at a level of functioning and in accordance with
criteria established by rules of the State Board of Education, in
one or more of the following developmental areas:
(A) Cognitive development;
(B) Physical development, including vision and hearing;
(C) Communication development;
(D) Social or emotional development; or
(E) Adaptive development; or
(b) A disability, in accordance with criteria established by
rules of the State Board of Education, that can be expected to
continue indefinitely and is likely to cause a substantial delay
Enrolled House Bill 2898 (HB 2898-ACCA) Page 1
in a child's development and ability to function
{ + independently + }in society.
(5) 'Early childhood special education' means instruction that
is:
(a) Free, appropriate and specially designed to meet the unique
needs of a preschool child with a disability;
(b) Provided from three years of age until the age of
eligibility for kindergarten; and
(c) Provided in any of the following settings:
(A) The home, a hospital, an institution, a special school, a
classroom or a community child care setting;
(B) A preschool; or
(C) A combination of a setting described in subparagraph (A) of
this paragraph and a preschool.
(6) 'Early intervention services' means services for preschool
children with disabilities from birth until three years of age
that are:
(a) Designed to meet the developmental needs of children with
disabilities and the needs of the family related to enhancing the
child's development;
(b) Selected in collaboration with the parents; and
(c) Provided:
(A) Under public supervision;
(B) By personnel qualified in accordance with criteria
established by rules of the State Board of Education; and
(C) In conformity with an individualized family service plan.
(7) 'Individualized education program' means a written
statement of an educational program for a child with a disability
that is developed, reviewed and revised in a meeting in
accordance with criteria established by rules of the State Board
of Education for each child eligible for special education and
related services under this chapter.
(8) 'Individualized family service plan' means a written plan
of early childhood special education, related services, early
intervention services and other services developed in accordance
with criteria established by rules of the State Board of
Education for each child eligible for services under this
chapter.
(9) 'Instruction' means providing { + children and + }
families with information and skills that support the achievement
of the goals and outcomes in the child's individualized family
service plan and working with preschool children with
disabilities in one or more of the following developmental areas:
(a) Communication development;
(b) Social or emotional development;
(c) Physical development, including vision and hearing;
(d) Adaptive development; and
(e) Cognitive development.
(10) 'Mediation' means a voluntary process in which an
impartial mediator assists and facilitates two or more parties to
a controversy in reaching a mutually acceptable resolution of the
controversy and includes all contacts between a mediator and any
party or agent of a party, until such time as a resolution is
agreed to by the parties or the mediation process is terminated.
(11) 'Order' has the meaning given that term in ORS chapter
183.
(12) 'Other services' means those services which may be
provided to preschool children with disabilities and to their
families that are not early childhood special education or early
Enrolled House Bill 2898 (HB 2898-ACCA) Page 2
intervention services and are not paid for with early childhood
special education or early intervention funds.
(13) 'Parent' means the parent, person acting as a parent or a
legal guardian, other than a state agency, of the child or the
surrogate parent. 'Parent' may be further defined by rules
adopted by the State Board of Education.
(14) 'Preschool child with a disability' means a child from:
(a) Birth until three years of age who is eligible for early
intervention services because the child is experiencing
developmental delay or has a diagnosed mental or physical
condition that will result in developmental delay; or
(b) Three years of age to eligibility for entry into
kindergarten who needs early childhood special education services
because the child is experiencing developmental delay or because
the child has been evaluated as having one of the conditions
listed for a school-age child under subsection (1) of this
section.
(15)(a) 'Related services' means transportation and such
developmental, corrective and other supportive services as are
required to assist a child with a disability to benefit from
special education, including:
(A) Speech-language and audiology services;
(B) Interpreting services;
(C) Psychological services;
(D) Physical and occupational therapy;
(E) Recreation, including therapeutic recreation;
(F) Social work services;
(G) School nurse services designed to enable a child with a
disability to receive a free appropriate public education as
described in the individualized education program of the child;
(H) Early identification and assessment of disabilities in
children;
(I) Counseling services, including rehabilitation counseling;
(J) Orientation and mobility services;
(K) Medical services for diagnostic or evaluation purposes;
{ - and - }
(L) Parent counseling and training { - . - } { + ; and
(M) Assistive technology. + }
(b) 'Related services' does not include a medical device that
is surgically implanted or the replacement of a medical device
that is surgically implanted.
(16) 'School district' means a common or union high school
district that is charged with the duty or contracted with by a
public agency to educate children eligible for special education.
(17) 'Service coordination' means the activities carried out by
a service coordinator to assist and enable a preschool child with
a disability and the child's family to receive the rights,
procedural safeguards and services that are authorized under the
state's early intervention and early childhood special education
programs and to coordinate access to other services designated on
the individualized family service plan.
(18) 'Special education' means specially designed instruction
that is provided at no cost to parents to meet the unique needs
of a child with a disability. 'Special education ' includes
instruction that:
(a) May be conducted in the classroom, the home, a hospital, an
institution, a special school or another setting; and
(b) May involve physical education services, speech-language
services, transition services or other related services
Enrolled House Bill 2898 (HB 2898-ACCA) Page 3
designated by rule to be services to meet the unique needs of a
child with a disability.
{ + (19) 'Transition services' means a coordinated set of
activities for a child with a disability that:
(a) Is designed to be within a results-oriented process;
(b) Is focused on improving the academic and functional
achievement of the child to facilitate the child's transition
from school to post-school activities, including post-secondary
education, competitive employment, independent living and
community inclusion;
(c) Is based on the individual child's needs, taking into
account the child's preferences and interests; and
(d) May be special education, or related services, and may
include earning credit at a community college or public
university listed in ORS 352.002. + }
{ - (19) - } { + (20) + } 'Unaccompanied homeless youth'
has the meaning given that term in the McKinney-Vento Homeless
Assistance Act, 42 U.S.C. 11434a(6).
{ - (20) - } { + (21) + } 'Ward of the state' means a child
who is temporarily or permanently in the custody of, or committed
to, a public or private agency through the action of the juvenile
court. ' Ward of the state' may be further defined by rules
adopted by the State Board of Education.
SECTION 2. { + A student who receives a modified diploma or
extended diploma under ORS 329.451 may not be denied eligibility
for financial aid to obtain post-secondary education in a public
university listed in ORS 352.002, community college or
independent not-for-profit institution of higher education that
operates in this state for the sole reason that the student did
not receive a high school diploma. + }
SECTION 3. { + (1) As used in this section, 'public safety
training facility' or 'facility' means one or more improvements
established by Portland Community College in support of
curriculum focused on public safety training or education,
including public safety response to an emergency, as defined in
ORS 401.025.
(2) In addition to the nonfarm uses that may be established in
an area zoned for exclusive farm use under ORS 215.283 (1),
Portland Community College may establish a public safety training
facility as an outright permitted use on up to 300 acres of land
in an area zoned for exclusive farm use, notwithstanding:
(a) The statewide land use planning goals and administrative
rules adopted by the Land Conservation and Development
Commission.
(b) The minimum lot or parcel size under ORS 215.780.
(3) Portland Community College may establish the public safety
training facility jointly in cooperation with one or more other
public bodies, as defined in ORS 174.109.
(4) Portland Community College shall:
(a) Use the public safety training facility to support
curriculum focused on public safety training and education; and
(b) Make the facility available for use by other public bodies
for public safety training or education of public safety
personnel, as defined in ORS 181.610, and other providers of
emergency services, as defined in ORS 401.025.
(5) A public safety training facility authorized by this
section:
(a) Must be sited on land that is within a community college
district in Columbia County.
Enrolled House Bill 2898 (HB 2898-ACCA) Page 4
(b) May not be established unless Portland Community College
applies for land use approval of the facility on or before
December 31, 2015.
(6) When making decisions approving the public safety training
facility authorized by this section, the local government:
(a) Shall apply only those procedural provisions and objective
development standards of its land use regulations that apply to
uses permitted outright under ORS 215.283 (1).
(b) Is not required to amend the acknowledged comprehensive
plan or land use regulations to implement this section.
(7) Before approving the public safety training facility
authorized by this section, the local government shall hold at
least one public hearing and allow interested persons to testify
regarding the location of the facility.
(8) A decision made by the local government to approve the
public safety training facility authorized by this section is
not:
(a) A land use decision or a limited land use decision, as
those terms are defined in ORS 197.015; and
(b) Subject to review by the Land Use Board of Appeals under
ORS 197.805 to 197.855. + }
SECTION 4. { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
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Passed by House April 17, 2013
Repassed by House July 6, 2013
.............................................................
Ramona J. Line, Chief Clerk of House
.............................................................
Tina Kotek, Speaker of House
Passed by Senate June 5, 2013
Repassed by Senate July 7, 2013
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 2898 (HB 2898-ACCA) Page 5
Received by Governor:
......M.,............., 2013
Approved:
......M.,............., 2013
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2013
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 2898 (HB 2898-ACCA) Page 6
