76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
Enrolled
Senate Bill 3
Sponsored by Senators COURTNEY, EDWARDS; Senators BATES, DEVLIN,
ROSENBAUM (at the request of Libby Crawford and Katey Crawford)
(Presession filed.)
CHAPTER ................
AN ACT
Relating to persons with intellectual disability; creating new
provisions; amending ORS 343.035, 343.923, 346.015 and 346.035;
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) { - Mental retardation - } { + 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
Enrolled Senate Bill 3 (SB 3-INTRO) Page 1
(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
in a child's development and ability to function 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 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
Enrolled Senate Bill 3 (SB 3-INTRO) Page 2
families that are not early childhood special education or early
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.
(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
designated by rule to be services to meet the unique needs of a
child with a disability.
Enrolled Senate Bill 3 (SB 3-INTRO) Page 3
(19) 'Unaccompanied homeless youth' has the meaning given that
term in the McKinney-Vento Homeless Assistance Act, 42 U.S.C.
11434a(6).
(20) '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. ORS 343.923 is amended to read:
343.923. The Department of Education shall:
(1) Pursuant to rules of the State Board of Education, require
that programs for students with moderate to severe
{ - retardation - } { + intellectual disabilities + } meet
program standards.
(2) Supply the Department of Human Services with information,
on forms developed by the Department of Human Services,
concerning all students with moderate to severe
{ - retardation - } { + intellectual disabilities + } who are
15 years of age and older, which the Department of Human Services
needs to serve and plan for their transition to adult living and
work situations.
{ - (3) Implement programs for students with moderate to
severe retardation under ORS 343.236 in a manner that continues
the pattern of services in neighborhood and community schools
which existed on July 1, 1985. - }
SECTION 3. ORS 346.015 is amended to read:
346.015. (1) Prior to convening a meeting to prepare an
individual education plan for a child with { - mental
retardation - } { + an intellectual disability + } or a
developmental disability for whom placement at the school
operated under ORS 346.010 may be considered, the agency that is
providing the education for the child shall notify the local
community developmental disabilities program. The case manager
responsible for programs for children with { - mental
retardation - } { + intellectual disabilities + } or
developmental disabilities, in consultation with the Department
of Human Services, shall evaluate whether the child also has
needs for alternative residential care or other support services.
If the evaluation determines this to be the case, but documents
that community resources are not available to meet these needs,
the school district may proceed with the meeting to prepare the
individual education plan in which placement at the school
operated under ORS 346.010 may be considered.
(2) An agency providing education under subsection (1) of this
section may initiate the procedure in subsection (1) of this
section for any child who does not have { - mental
retardation - } { + an intellectual disability + } or a
developmental disability when in the agency's judgment a
treatment or residential issue is prompting proposed placement
under ORS 346.010.
(3) A child may not be placed in the school operated under ORS
346.010 unless the district superintendent or the
superintendent's designee has signed a statement declaring that
the district cannot provide a free appropriate public education
for the child commensurate with the needs of the child as
identified by the individual education plan of the child and that
the school is the least restrictive environment in which the
child can be educated.
Enrolled Senate Bill 3 (SB 3-INTRO) Page 4
(4) By rule, the State Board of Education shall determine
procedures to be followed by local education agencies in carrying
out this section.
SECTION 4. ORS 346.035 is amended to read:
346.035. For a child who is enrolled under ORS 346.010 and who
has { - mental retardation - } { + an intellectual
disability + } or a developmental disability, the Department of
Education shall notify the community developmental disabilities
program of the date of the annual review of the individual
education plan of the child for the purpose of including in the
review the assigned case manager's assessment of community
resources that are available for treatment or residential needs
the child might have.
SECTION 5. { + For the purpose of harmonizing and clarifying
statutory law, the Legislative Counsel may substitute for words
designating 'retardation' or 'mental retardation,' wherever they
occur in ORS chapters 326 to 353, other words designating '
intellectual disability.' + }
SECTION 6. { + (1) An individualized education program may not
use the words 'retardation' or 'mental retardation' to refer to a
child with an intellectual disability.
(2) If an individualized education program developed, reviewed
or revised before, on or after the effective date of this 2011
Act uses the words 'retardation' or 'mental retardation, ' those
words shall be substituted with other words designating '
intellectual disability' wherever those words occur in the
individualized education program. + }
SECTION 7. { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
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Passed by Senate March 31, 2011
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House June 16, 2011
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Enrolled Senate Bill 3 (SB 3-INTRO) Page 5
Received by Governor:
......M.,............., 2011
Approved:
......M.,............., 2011
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2011
.............................................................
Kate Brown, Secretary of State
Enrolled Senate Bill 3 (SB 3-INTRO) Page 6